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62t>  C0NGRK8S,    I  HOUSE  OF  EEPF.ESENTATIVES.  J  Document. 
2d  Session.        ]  {     No.  551. 


/^^A  -oevierc^J^c   ^r^c. 


CLAIM  OF  THE  STATE  OF  TEXAS.  r  .,^ 


LETTER 


THE  ACTING  SECRETARY  OF  WAR, 

TRANSMITTING 

A  REPORT  OF  THE  RESULT  OF  AN  INVESTIGATION  MADE  BY  THE 
ADJUTANT  GENERAL  OF  THE  ARMY  AS  TO  THE  SUMS  OF  MONEY 
ACTUALLY  EXPENDED  BY  THE  STATE  OF  TEXAS  BETWEEN  1855 
AND  1860,  IN  PAYMENT  OF  STATE  VOLUNTEERS,  ETC. 


February  19,  1912. — Referred  to  the  Committee  on  Military  Affairs  and  ordered  to 

be  printed. 

March  2,  1912. — Committee  on  Military  Affairs  discharged,  referred  to  Committee 

on  Appropriations,  and  ordered  to  be  printed. 


War  Department, 

Washington,  February  17,  1912. 
Sir:  The    act    of    Congress    "making    appropriations    to    supply 
deficiencies  in  appropriations  for  the  fiscal  year  ending  June  30,  1905, 
and  for  prior  years,  and  for  other  purposes,"  approved  March  3, 
1905,  contains  Ihe  following  provision: 

The  Secretary  of  War  is  hereby  directed  to  inquire,  and  report  to  Congress  for 
its  consideration,  what  sum  or  sums  of  money  were  actually  expended  by  the  State 
of  Texas  during  the  period  of  time  between  February  28,  1855,  and  June  21,  1860,  in 
payment  of  State  A'olunteers  or  rangers,  called  into  service  by  authority  of  the  gov- 
ernor of  Texas,  in  defense  of  the  frontier  of  that  State  against  Mexican  marauders  and 
Indian  depredations,  for  which  reimbursement  has  not  been  made  out  of  the  Treasury 
of  the  United  States. 

In  compliance  with  this  provision  of  law  I  have  the  honor  to 
transmit  herewith  a  report  of  the  result  of  an  investigation,  made  by 
direction  of  the  Secretary  of  War,  by  The  Adjutant  General,  with 
regard  to  the  subject  of  the  legislation  in  question. 
Very  respectfully, 

Robert  Shaw  Oliver, 
Assistant  Secretary  of  War, 

The  Speaker  of  the  House  of  Representatives. 


2  CLAIM  OF  THE  STATE  OF  TEXAS. 

Addi iio.NAL  Claim  of  the  State  of  Texas  for  Reimbursement 
FOR  Money  Actually  Expended  by  that  State  in  Defense 
OF  THE  Frontier  Against  Mexican  Marauders  and  Indian 
Depredations. 

A  proviso  in  the  act  of  Congress  "making  appropriations  to  supply 
deficiencies  in  appropriations  for  the  fiscal  year  ending  June  30,  1905, 
and  for  prior  years,  and  for  other  purposes,"  approved  March  3, 
1905,  directed  the  Secretary  of  War  to  inquire  and  report  to  Con- 
gress for  its  consideration  "what  sum  or  sums  of  money  were  actually 
expended  by  the  State  of  Texas  during  the  period  of  time  between 
Feoruary  28,  1855,  and  June  21,  1860,  in  payment  of  State  volunteers 
or  rangers  called  into  service  by  authority  of  the  governor  of  Texas 
in  defense  of  the  frontier  of  that  State  against  Mexican  marauders 
and  Indian  depredations  for  which  reimbursement  has  not  been 
made  out  of  the  Treasury  of  the  United  States."  A  report  of  the 
result  of  the  investigation  made  under  the  provision  of  law  before 
referred  to  was  transmitted  to  the  President  of  the  Senate  by  the 
Secretary  of  War,  under  date  of  January  27,  1906,  and  was  printed 
as  Senate  Document  No.  169,  Fifty-ninth  Congress,  first  session. 
That  report  contains  a  history  of  the  claim  before  referred  to  and 
a  summary  showing  the  result  of  an  examination  of  the  records  and 
documents  submitted  by  the  authorities  of  the  State  of  Texas  in 
support  of  the  claim  in  question. 

It  appears  from  papers  presented  to  the  Senate  by  Mr.  Culberson 
and  prmted  as  Senate  Document  No.  67,  Sixty-second  Congress,  first 
session,  that  additional  records  containing  evidence  of  payments  not 
included  in  the  report  of  January  27,  1906,  before  referred  to,  were 
discovered  by  the  State  authorities  after  that  report  was  made  and 
after  the  appropriations  were  made  in  1906  and  1908  to  reimburse 
the  State  of  Texas  in  settlement  of  this  claim.  The  facts  in  the  case 
having  been  brought  to  the  attention  of  the  Secretary  of  War,  he 
held,  concurring  in  an  opinion  of  the  Judge  Advocate  General,  that  he 
was  authorized  under  the  legislation  before  referred  to  to  consider 
additional  evidence  in  connection  with  the  claim  in  question  and  to 
report  to  Congress  the  conclusion  reached  by  him  with  regard  to  that 
evidence.  It  was  suggested,  therefore,  that  the  proper  authorities 
of  the  State  of  Texas  forward  to  the  War  Department  all  the  evidence, 
including  any  and  all  original  records  in  the  possession  of  the  State, 
that  is  rehed  upon  to  show  expenditure  by  the  State  for  frontier 
defense  in  addition  to  the  expenditures  that  were  covered  by  the 
report  made  to  Congress  by  the  department  January  27,  1906. 

Pursuant  to  that  suggestion,  the  authorities  of  the  State  of  Texas 
submitted  to  the  War  Department  original  records  and  papers  in 
support  of  the  additional  claim  for  reimbursement  for  money  expended 
in  the  protection  of  the  frontier  of  the  State  against  Indians  and 
Mexican  marauders  to  March  5,  1861.  Those  records  and  papers 
relate  to  three  State  appropriations,  as  foUows: 

1.  An  appropriation  of  $4,000,  made  January  13,  1858,  and  desig- 
nated by  the  State  comptroUer  as  appropriation  "  6-M." 

2.  An  appropriation  of  S25,000,  made  February  8,  1861,  and 
designated  by  the  State  comptroller  as  appropriation  "77-P." 

3.  The  balance  ($198,573.26)  of  the  appropriation  of  $300,000, 
made  February  3,  1860,  and  designated  by  the  State  comptroller  as 
appropriation  "13-0." 


CLAIM  OF  THE  STATE  OF  TEXAS.  3 

The  additional  claim  of  the  State  of  Texas,  as  stated  in  Senate 
Document  No.  67,  Sixty-second  Congress,  first  session,  before  referred 
to,  is  as  follows: 

Balance  of  appropriation  of  Feb.  3, 1860,  expended  between  June  6, 1860, 
and  Mar.  4,  1861 - .  $179, 434. 17 

Appropriation  of  January,  1857,  for  payment  of  three  companies  of  min- 
utenien  commanded  by  Capts.  John  W.  Sansom,  J.  M.  Davenport,  and 
R.  W.  Black 3,646.60 


Total 183, 080.  77 

The  claim,  according  to  a  statement  that  accompanied  the  records 
and  papers  in  the  case  when  received  in  the  War  Department 
recently,  is  as  follows: 

Appropriation  of  Jan.  13,  1858  (desiariated  "6-M") $4,000.00 

Appropriation  of  Feb.  8,  1861  (designated  "77-P " ) 18,  730.  46 

Appropriation  of  Feb.  3,  1860  (designated  "13-0  ") 177, 145.  57 

Total  amount  of  claim  to  Mar.  5,  1861 199,  876.  03 

It  is  to  be  observed  that  the  later  statement  of  the  claim  includes 

the  amount  expended  under  an  appropriation  of  $25,000,  February 

8,  1861,  that  was  not  included  in  the  claim  as  presented  in  Senate 

Document  No.  67  before  referred  to.     The  later  statement  of  the 

claim  also  includes  the  $4,000  appropriated  January  13,  1858,  which 

evidently  is  intended  to  take  the  place  of  the  $3,646.60  claimed  in 

Senate  Document  No.  67  under  the  appropriation  of  January,  1857, 

for  pay  of  companies  of  minutemen  commanded  by  Capts.  John  W. 

n^Sansom,  J.  M.  Davenport,  and  E,.  W.  Black.     A  certified  copy  of  an 

•j  act  of  the  legislature  of  Texas,  approved  February  13,  1858,  entitled 

i^"An  act  to  provide  for  the  payment  of  three  companies  of  minutemen 

1  commanded  by  John  W.  Sansom,  John  D.  Davenport,  and  Reading 

IrW.  Black,"  shows  that  the  State  appropriated  $4,000,  or  so  much 
■  thereof  as  might  be  necessary,  for  the  payment  of  those  companies  of 
f  minutemen.  It  is  to  be  observed  further  that  the  amount  now 
'  claimed  under  the  unexpended  balance  of  the  appropriation  of 
^$300,000,  made  February  3,  1860,  is  $177,145.57,  while  the  amount 
^  claimed  in  Senate  Document  No.  67,  under  that  appropriation,  was 
<  §179,434.17. 

The  documents  submitted  by  the  authorities  of  the  State  of  Texas 
"  in  support  of  this  additional  claim  are: 

(a)  The  original  ledger  of  the  comptroller  of  the  State  of  Texas, 
,  purporting  to  contain,  in  addition  to  other  accounts,  the  state- 
t  ments  of  accounts  under  the  appropriation  of  $4,000  (designated 
,  "6-M"),  and  of  $25,000  (designated  ''77-P"),  before  referred  to. 
I  Duly  authenticated  copies  of  those  statements  of  accounts  accompany 
•  this  report  as  Exhibit  A  and  Exliibit  B,  respectively. 
\  (b)  The  original  register  of  the  treasurer  of  the  State  of  Texas, 
purporting  to  contain  a  record  of  the  payment  of  State  treasury  war- 
rants by  that  oflicial,  including  those  paid  from  the  appropriation 
"6-M"  and  "77-P/'  before  referred  to. 

)  (c)  The  original  register  of  the  comptroller  of  the  State  of  Texas, 
^purporting  to  be  a  "register  of  10  per  cent  treasury  warrants"  cover- 
j  mg  the  period  from  June  6,  1860  (the  date  of  the  first  warrant  issued), 
]  to  January  10,  1862,  both  dates  included.  Accompan3dng  and  in 
'Support  of  this  record  there  were  submitted  vouchers  Nos.  1  to  210 

-7    /"    {_  ■----■•;  e^  -a 


4  CLAIM  OF  THE  STATE  OF  TEXAS. 

and  311  to  615,  with  the  exception  of  Nos.  161,  181,  184,  185,  194, 
216,  436,  460,  497,  533,  554,  and  575,  wliich,  together  vnth  Nos.  220 
to  310,  inclusive,  it  is  reported  have  not  been  found;  also  the  book 
of  stubs  of  the  warrants  (Nos.  1  to  944),  issued  June  6,  1860,  to 
January  14,  1861,  against  appropriation  '43-0.''  A  duly  authenti- 
cated copy  of  so  much  of  the  register  of  10  per  cent  treasury  warrants 
issued  as  covers  the  period  from  June  6,  1860,  to  March  4,  1861, 
inclusive  (covering  warrants  Nos.  1  to  1428),  accompanies  tliis  report 
as  Exhibit  C.  Nothing  has  been  found  in  the  original  register  in 
question  to  show  against  what  appropriation  the  warrants  Nos.  1  to 
1428  were  issued,  but  it  appears  from  the  book  of  stubs  of  warrants 
Nos.  1  to  944  that  they  were  issued  against  the  appropriation  desisr- 
nated-13-0.;'  ^ 

The  authorities  of  the  State  of  Texas  also  submitted  to  the  War 
Department  certified  copies  of  the  State  act  of  February  13,  1858, 
appropriating  $4,000,  and  of  the  State  act  of  February  8,  1861, 
appropriating  $25,000.  Those  certified  copies  accompany  this  report 
as  Exhibit  D  and  Exhibit  E,  respectively.  The  act  of  February  3, 
1860,  appropriating  $300,000  (designated  by  the  State  comptroller 
as  appropriation  "13-0")  is  printed  on  page  19  of  Senate  Document 
No.  169,  Fifty-ninth  Congress,  first  session;  also  on  page  12  of  Senate 
Document  No.  67,  Sixty-second  Congress,  first  session.  Copies  of 
those  documents  accompany  this  report  as  Exhibit  F  and  Exhibit 
G,  respectively. 

The  State  act  of  February  14,  1860,  authorizing  the  issue  of  10  per 
cent  treasurv  warrants  is  printed  on  page  14  of  Senate  Document 
No.  67,  before  referred  to  (Exhibit  G). 

It  appears  from  the  account  stated  in  Exhibit  A  that,  out  of  the 
appropriation  made  January  13, 1858,  and  designated  "6-M,"  a  total 
of  $4,000  was  paid,  the  payments  having  been  made  May  26  and 
August  31,  1858.  As  the  original  ledger  from  which  tliis  account  is 
extracted  is  a  record  of  the  office  of  the  wState  comptroller,  who  was 
the  official  charged  with  dra\nng  and  issuing  warrants  on  the 
State  treasur}',  his  account  is  believed  to  be  the  best  record  now 
obtainable  of  payments  made  on  account  of  the  appropriation 
under  consideration. 

By  reference  to  the  State  act  making  the  appropriation  and  to 
Exhibit  B,  it  w\l\  be  seen  that  the  appropriation  of  $25,000  (desig- 
nated ''77-P")  was  made  February  8,  1861,  and  that  $18,730.46 
appears  to  have  been  paid  out  at  various  dates  in  February,  1861, 
payments  amounting  to  $2,976.70,  made  on  and  after  March  6,  1861, 
not  being  included  in  the  claim.  It  is  to  be  observed  that  the  State 
appropriation  and  the  payments  under  it  were  made  after  June  21, 
1860,  the  terminal  date  fixed  by  the  provision  in  the  act  of  Congress, 
approved  March  3,  1905,  under  which  this  claim  is  being  considered. 
However,  in  this  connection  attention  is  invited  to  the  fact  that  in 
the  deficiency  appropriation  act,  approved  May  30,  1908  (35  Stat.  L., 
500),  Congress  made  an  appropriation  of  $21,395.95  to  reimburse  the 
State  of  Texas  for  money  expended  after  June  21,  1860,  in  payments 
on  account  of  the  defense  of  the  frontier.  The  original  ledger  from 
which  this  account  is  extracted  is  a  record  of  the  office  of  the  State 
comptroller,  who  was  the  official  charged  with  drawing  and  issuing 
warrants  on  the  State  treasury  and,  as  stated  above,  that  record  is 


CLAIM    OF    THE    STATE    OF    TRXAS.  5 

believed  to  be  the  best  record  now  obtainable  of  payinenis  made  on 
account  of  the  appropriation  under  consideration. 

By  reference  to  the  last  page  (Exhibit  C)  of  the  account  of  expendi- 
tures from  the  balance  of  this  S300,000  appropriation  (13-0),  it  wil' 
be  seen  that  the  total  expenditures  on  that  account  up  to  and  includ- 
ing March  4,  1861,  appear  to  have  amounted  to  $179,434.17,  which 
is  the  amount  shown  in  Senate  Document  No.  67,  before  referred  to. 
Upon  examination  of  the  "Register  of  10  per  cent  warrants,"  and 
comparison  of  the  entries  therein  with  the  vouchers  and  the  book  of 
stubs  of  warrants,  certain  errors  and  omissions  were  found.  There 
should  be  added  to  the  amount  before  stated  $20.20  and  deducted 
from  that  amount  $2,000.09,  a  net  deduction  of  $1,979.89,.  because 
of  errors  in  addition  on  the  register.  There  should  also  be  added  to 
the  amount  96  cents  for  errors  in  entries  in  the  register  of  the  amounts 
of  warrants  Nos.  370,  992,  and  1393.  It  also  appears  from  entries 
on  the  register  itself,  or  from  the  book  of  stubs  or  the  vouchers,  that 
warrants  Nos.  281,  288,  289,  419,  463,  642,  and  940  were  cancelled. 
The  amount  of  these  v/arrants  ($435.58)  is  included  in  the  account 
shown  in  Exhibit  C  and  should  be  deducted  from  the  total  amount. 
This  makes  a  net  deduction  of  $2,414.51,  and  leaves  the  amount  of 
the  claim  at  $177,019.66. 

Nothing  was  found  in  the  books  and  papers  submitted  in  connec- 
^tion  with  this  account  to  show  whether  or  not  any  of  the  warrants 
issued  on  that  account  were  ever  paid  by  the  State.  Consequently, 
the  State  authorities  w^ere  requested  to  submit  the  original  warrant 
register  or  registers  containing  a  record  of  the  payment  of  the  10  per 
cent  warrants  shown  to  have  been  issued  on  account  of  the  appro- 
priation designated  "  13-0,"  if  such  a  record  exists,  or,  if  no  such  record 
is  found,  other  original  record  evidence  of  the  pa3^ment  of  the  warrants 
in  question.  In  compliance  with  that  request,  a  "  register  of  treasury 
warrants,  bearing  10  per  cent  interest,  numbered  and  countersigned 
by  the  treasurer,  under  an  act  of  the  eighth  legislature  (Chap.  82), 
entitled  'An  act  authorizing  unpaid  warrants  on  the  treasury  to  bear 
interest,'  approved  February  14,  1860,"  was  submitted  by  the  State 
authorities.  This  register  show^s,  in  addition  to  a  description  of  the 
warrants,  the  "date  of  payment,"  "to  whom  paid,"  the  "period  of 
interest,"  and  the  amounts  of  interest  and  principal. 

From  an  examination  of  the  register  purporting  to  contain  a  record 
of  payments  of  the  10  per  cent  warrants  issued  by  the  State  of  Texas 
it  is  ascertained  that  warrants  issued  on  account  of  the  appropriation 
"13-0"  were  paid  as  follows: 

Prior  to  Mar.  5,  1861,  18  warrants $2,  922.  57 

Mar.  5,  1861,  to  Mar.  25,  18G5,  inclusive,  981  warrants 125,  552.  86 

No  payment  shown,  435  warrants 47,  422.  91 


Total,  1,434  warrants 175,  898.  34 

The  difference  between  the  number  of  the  w^arrants  (1,434)  shown 
by  this  register  and  the  highest  number  (1,428)  of  the  warrants  issued 
on  this  account  is  to  be  explained  by  the  fact  that  6  of  the  warrants 
bear  half  numbers. 

While  the  register  purports  to  show  in  the  cases  of  these  warrants 
"to  whom  paid,"  the  entries  in  that  column,  while  they  indicate  that 
many  of  the  warrants  were  canceled  by  the  comptroller  and  treasury 
warrants  issued  or  that  they  were  satisfied  by  the  issue  of  cash  war- 


CLAIM  OF  THE  STATE  OF  TEXAS. 


rants,  sliow  in  suiae  caaes  that  the  payment  was  made  "by  inyestr 
ment;"  tliat  the  warrants  were  "funded,"  or  a  remark  appears  indi- 
cating that  they  were  accepted  on  account  of  quartermaster  sales, 
university  land  sales,  or  on  account  of  the  General  Land  Office. 

A  comparison  of  the  entries  in  the  original  register  of  the  treasurer 
of  the  State  of  Texas,  purporting  to  be  a  "register  of  10  per  cent  treas- 
ury warrants,"  ^\dth  those  in  the  "register  of  treasury  warrants  bear- 
ing 10  per  cent  interest,  numberedvand  countersigned  by  the  treasurer, 
etc.,"  shows  some  difference  in  the  amounts  of  several  of  the  warrants. 
If  the  latter  register,  which  is  a  record  of  the  treasurer  of  the  State  of 
Texas,  who  was  charged  by  law  with  the  chsbursement  of  the  money, 
is  accepted  as  the  best  record  now  obtainable  of  payments  on  account 
of  the  State  appropriation  in  question,  as  it  apparently  should  be,  the 
total  amount  of  the  claim  should  be  reduced  by  $1,121.32,  the  net 
difference  in  the  amounts  of  the  warrants  in  which  differences  between 
the  two  registers  appear.  If  this  deduction  is  made,  the  total  amount 
of  this  claim  of  the  State  of  Texas  on  account  of  the  appropriation  des- 
ignated "13-0,"  as  substantiated  by  the  records  submitted,  is 
$175,898.34. 

As  was  stated  in  a  former  report  relative  to  the  claim  of  the  State 
of  Texas  (S.  Doc.  No.  169,  59th  Cong.,  1st  sess,  p.  31),  the  act  of 
March  3,  1905,  apphes  in  terms  to  money  actually  expended  by 
Texas  "in  payment  of  State  volunteers  or  rangers."  In  a  strictly 
military  sense  this  can  only  be  construed  as  allowing  for  the  pay  of 
the  troops  to  the  exclusion  of  disbursements  on  account  of  subsist- 
ence, forage,  equipments,  ordnance  stores,  and  other  expenses.  It  is 
Eossible,  however,  that  the  expression  "in  payment  of"  may  have 
een  intended  by  Congress  to  mean  in  payment  of  all  of  the  expenses 
of  the  troops  in  question,  including  both  pay  allowances  and  other 
proper  miUtary  expenses.  In  any  event  in  that  part  of  the  claim 
now  under  consideration,  as  in  the  part  of  the  claim  for  which  reim- 
bursement has  already  been  made  by  the  United  States,  it  is  impos- 
sible to  segregate  the  amount  expended  by  the  State  for  pay  proper 
from  that  expended  for  other  purposes,  and  consequently  in  the  sum- 
mary given  below  no  attempt  has  been  made  to  state  separately  the 
amount  expended  on  account  of  the  pay  of  the  troops,  and  that  sum- 
mary includes  all  expenditures  for  the  purposes  indicated  in  the 
respective  State  acts  making  the  appropriations. 

Subject  to  the  foregoing  remarks,  the  following  summary  of  the 
additional  claim  of  the  State  of  Tt^xas  is  submitted: 

Summary. 


Comptrol- 
ler's desig- 
nation of 
appropria- 
tion. 

Amount 
appropri- 
ated. 

Amount  paid. 

State  act. 

To  and  in- 
cluding 
Mar.  4, 1S61, 

10  per  cent 
Treasury  war- 
rants issued  on 
or  before  Mar. 
4, 1861,  but  not 
redeemed  until 

afterwards. 

Treasury  war- 
rants issued  on 
or  before  Mar. 
4,  1861,  but  no 
evidence  of  re- 
demption sub- 
mitted. 

Total. 

Jan.  13, 1858 

6-M 
77-P 
13-0 

$4,000.00 

25,000.00 

1198,573.26 

$4,000.00 
18,730.46 
2,922.57 

$4,000.00 

Feb.  8, 1861 

18,730.46 
175  898  34 

Feb.  3,  I860 

$125,552.86 

$47,422.91 

Totai 

227,573.26 

25,653.03 

125,552.86 

47,422.91 

198,628.80 

» Balance  of  appropriation  of  $300,000. 


CLAIM  OF  THE  STATE  OF  TEXAS.  7 

It  appears,  therefore,  that  if  the  issue  of  the  10  per  cent  treasuiy 
warrants  is  considered  as  a  disbursement  of  funds  by  the  State  of 
Texas  the  total  amount  of  this  additional  claim  is  $198,628.80.  The 
"register  of  treasury  warrants  bearing  10  per  cent  interest,  num- 
bered and  countersigned  by  the  treasurer,  etc.,"  shows  that  interest 
amounting  to  $19,064.59  was  paid  or  allowed  on  the  999  warrants  the 
redemption  of  which  is  shown  by  that  register.  If  this  interest  is 
included  as  an  expenditure,  as  it  probably  should  be,  the  aggregate 
amount  of  the  claun  is  $217,093.39. 

If  only  the  warrants  shown  to  have  been  redeemed  are  to  be  in- 
cluded in  the  claim,  this  amount  must  be  reduced  by  $47,422.91,  the 
amount  of  the  warrants  the  redemption  of  which  is  not  shown,  leaving 
$170,270.48  as  the  total  amount  of  this  claim. 

If  only  the  warrants  shown  to  have  been  redeemed  on  or  before 
March  4,  1861,  are  to  be  included  in  the  claim,  the  amount  must  be 
reduced  furthef  by  $125,552.86,  the  amount  of  the  warrants  redeemed 
after  March  4,  1861,  and  $18,723.87,  the  amount  of  interest  paid  or 
allowed  on  those  warrants,  leaving  $25,993.75  as  the  total  amount  of 
this  claim. 

Respectfully  submitted. 

Henry  P.  McCain, 
The  Adjutant  General. 
War  Department, 

The  Adjutant  General's  Office, 

February  17,  1912. 


War  Department, 

Wasliington,  February  17,  1912. 
I  hereby  certify  that  the  statements  of  accounts  (Exhibits  A  and 
B)  hereto  attached  are  true  and  correct  copies  of  those  accounts  as 
they  appear  in  the  original  ledger  of  the  comptroller  of  the  State  of 
Texas  purporting  to  contain  accounts  of  State  appropriations  made 
between  January  5,  1854,  and  August  31,  1861,  and  that  the  state- 
ment of  account  (Exhibit  C)  hereto  attached  is  a  true  and  correct 
copy  of  so  much  of  "register  of  10  per  cent  treasury  warrants"  of 
the  comptroller  of  the  State  of  Texas  covering  the  period  from  Janu- 
ary 6,  1860,  to  January  10,  1862,  inclusive,  as  relates  to  warrants 
issued  up  to  and  including  March  4,  1861,  which  records  were  for- 
warded to  me  by  Edwin  M.  Phelps,  State  agent  of  the  State  of  Texas. 

Henry  P.  McCain, 

Adjutant  General. 

Be  it  known  that  Henry  P.  McCain,  who  signed  the  foregoing 
certificate,  is  The  Adjutant  General  in  charge  of  The  Adjutant  General's 
Department,  and  that  to  his  attestation  as  such  full  faith  and  credit 
are  and  ought  to  be  given. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  War  Department  to  be  affixed,  on  this  17th  day  of  Feb- 
ruary, 1912. 

[seal.]  Robert  Shaw  Oliver, 

Assistant  Secretary  of  War. 


CLAIM  OF  THE  STATE  OF  TEXAS. 


Exhibit  A. 

(6-M,  page  342.] 

Pay  of  three  companies  of  minute  men  in  1856. 


Dr. 

1858. 

May     2G.  To  Noill  Robinson 12149. 

do 12150. 

Aug.    31 do 1253G. 


4,000.00 


Cr. 

1858. 
Jan.      13.  By  appropriation. 


$4,000.00 


4,000.00 


Exhibit  B. 

[77-P,  page  641.] 
Pay  for  supplies  furnished  troops  now  on  the  frontier,  in  United  States  bonds. 


1861. 

Feb.     6.  To  S.  M.  Swenson 17030..  19,193.72 

To  Norman  Miller 17031 . .  651. 75 

13.  To  Wash  Hammett 17039. .  225. 00 

22.  To  J.  A.  Goodlett 170C8..  243.25 

27.  To  Phelps  &  Prince 17072..  100.00 

ToS.  M.  Swenson 17077..  8,115.00 

To  E.  Hardin  &  Co 17079..  62.50 

do 17080. .  139. 24 

Mar.     6.  To  Jo.  Walker 17125..  600.00 

June   10.  To  S.  M.  Swenson 17822..  2,271.70 

Aug.  31.  Tobalance 3,397.84 

25,000.00 

Oct.    29.  To  S.  M.  Swenson 18474. .  105. 00 

To  balance 3, 637. 94 


3,742.94 


1861. 
Feb.      8.  By  appropriation. 


$25,000.00 


25,000.00 


Aug.    31.  Bybalance 3,397.84 

1862. 
Jan.      21.  By  dep.  warrant 4559. .  345. 10 

3,742.94 

1862. 
Aug.    31.  Bybalance 3,637.94 


CLAIM  OF  THE  STATE  OF  TEXAS. 


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18 


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19 


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20 


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24 


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26 


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CLAIM  OF   THE  STATE  OF  TEXAS. 


27 


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COCOCOCOCOCOCOCOCO      COCOCOCO      COCOCOCO     CO  CO  CO  CO  CO  CO  CO  CO  CO  CO  eo 


28 


CliAlM   Oi'   THE  STATE   OF   TEXAS. 


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CO  CO  CC  M  CO  CO  CO  CO  coco  coco  CO  CO  CO  CO  CO  CO  CO  CO  «  CO  CO  CO 


CO  CO  CO  CO  coco  CO  CO  CO  CO  CO  CO  CO  CO  CO  00  CO  CO     oooQcooocococococococooocococococo  COCO6O0&C0  coco 


ss 


CLAIM  OF  THE  STATE  OF  TEXAS. 


29 


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30 


CJLAIM    OF   THE   tiTATt    Oi;^    TEXAS, 


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05000CO'^OSt^OOC^C^C0030CO'^OiCCiO^OiOW050SCOOSaiO^»CO:COOOOOO 


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cocococoMMcococccocococor*coooooi-Hi-)i-Hi-Hi-Hi-ii-Hi-4.-ic^c*^cs»MC^eQMwc<» 


I 


CLAIM  OF   THE  STATE  VF   TEXAb. 


31 


I     9 


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32 


CIAIM   OJF   THE   STATE   OF   TEXAS. 


P.O   P. 


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s.s  s 

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CLAIM    Oi-'    llii:   olAli:   Ui"    TEXAS. 


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b»h-r-OGQOooacacQOocco3CGCc;ooa5ai      osoioi      ooiooicioajo^o'.  oasoioio  oiOi0^oc;c:c-Oi 


b- 1^  1^-  t-  t^  i^  t^  1^  t^  t*  r-  t--  r^  t^  ^-  r-  t^  t^      t^  t^  t^ 


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H.  Doc.  551,  62-2- 


34 


CLAIM   or   THE  STATE   01'   TEXAS. 


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H 


CLAIM  UF   THE  STATE  OF  TEXAS. 


47 


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CO      cocotOeo'-oeocoNi-it^MioeoioOMOoo-* 


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459 

459 
459 
459 
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1138 

1136 
1137 
1138 
1139 
1140 
1141 
1142 
1143 
1144 
1145 
1146 
1147 

1148-1185 



^   ^  -^  lO  »o  »o  'O  »co  o  "C  "O  »c  ^  :o 
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cso3dco^o3o3cscocscsnnas 


48 


CLiVIM    OF   THE   STATE    OF   TEXAS, 


:  4)  « 
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II 


CLAIM  OF  THE  STATE  OE  TEXAS. 


49 


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^^^^^^^•^^iou^o^^ustoudco^cococo 


H.  Doc.  551,  62-2- 


CLAIM    or   THE    fcjTATE    OF    TEXAS, 


5  55  £• 

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_I 


CLAIM    or    THE   biATli   01"    TEXAS. 


51 


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c:       oi  O)  OS 


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00        000000 


52 


CLAIM  OF  THE  STATE  OF  TEXAS. 


.2  ° 


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^ 


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ft; 


OiOCO*OiOOiOiOQ 


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ce    •    . 


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c-i  v'  r-^  -^  o  10 

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10 10  tO  to  10  to  10 


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OC  C5  C^  Oi  O  O^  O  Ca  OS    Ol  C3  O  O  O    OOOOOOO 

e<ci«c-)MM(NN«      c^NccmM      «coco««tocc 


ooooooocaooooowoo 

/ 


aooooooooo     ao  00  00  00  00  00  oo 


CLAIM   OF   THE   STATE   OF    i'EXAS. 


63 


boo     o « 


:  a 
a  CO 

is 

o    .  o 


OiOOiCOOiCiO»OOOiOO»OiOOOiOiOOOiO>raiOOtOOQ»OiOOOOiCC 


_      _     ,    _    _      .     _     >  O  to  O  O  »OiO  O  O  OiC  O  Q  O  O  0»f5  »0  OiO  lO  o  o 

:»ocoiOi-io;ot^C4i-toc^O'OOoot^eoiooo^cooc^'^cocsicoo?* 


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t-i,-l.-H       oco 
000      00 

U3  tO>0        U3  «0 


Oi-l(M 


<x>«o<xi     aeco 


54 


CLAIM  OE    THE  STATE  UE  lEXAS. 


i: 


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2  s  ^  1^  "^  >j  a 


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1^ 


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CLAIM    OF    Tlili   STATE   OT    TEXAS. 


65 


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0)0d0>4b0)CdO)0>0)A0)0>O)a>O>0)0>O>0iO> 


56 


CLAIM  OF  THE  STATE  OF  XEXA3* 


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CO  CQ   CC  CO  CO  CO  CO  CO  CO  CO  CO  CO  CO  CO  CO  CO  CO  CO  CO  CO  CO  CC  CO  CO  CO  CO  CO 


CLAIM  OF  THE  STATE  OF  TEXAS. 


67 


a  « 

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1370 

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cococoeopococococccoco      -^^^^^ 


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58 


CLAIM  OF   THE  STATE  OE  TEXAS. 


cap 


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CLAIM  UF  THE  STATE  OF  TEXAS. 


59 


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195. 30 
431. 25 

31.80 
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55.88 

53.  74 
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60 


CLAIM  OF  IHE   STATE  OF   TEXAS. 


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CLAIM    OF   THE   STATE   OF   TEXAS.  61 

Exhibit  D. 
CHAPTER  138. 

AN  ACT  To  provide  for  the  payment  of  three  companies  of  minute  men ,  comraandcdiby  Captains  John  W. 

Sansom,  John  D.  Davenport,  and  Reading  vV.  Black. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  sum  of  four 
thousand  dollars,  or  so  much  thereof  as  is  necessary,  be,  and  the  same  is  hereby,  appro- 
priated, out  of  any  money  in  the  treasury  of  the  State  not  otherwise  appropriated,  for 
the  payment  of  the  companies  of  minute  men  commanded  by  Captains  John'  W. 
Sansom,  John  D.  Davenport,  and  Reading  W.  Black,  for  service  rendered  on  the 
^frontier  during  the  year  eighteen  hundred  and  fifty -six. 

Sec.  2.  That  the  officers  of  said  companies  shall  be  entitled  to  one  dollar  and  fifty 
cents  per  day  for  each  and  every  day  they  actually  served  as  officers  of  said  minute 
companies,  and  that  the  noncommissioned  officers  and  privates  of  said  companies  shall 
be  entitled  to  one  dollar  per  day  for  each  day  they  actually  served  as  minute  men  as 
aforesaid,  and  that  the  sums  of  one  dollar  and  fifty  cents  to  officers,  and  one  dollar  to 
*  privates,  per  day,  shall  include  all  the  pay  and  allowances  due  them  for  said  services. 

Sec.  3.  That  the  company  of  Captain  John  W.  Sansom  shall  be  paid  upon  the  roll 
returned  by  him  to  the  governor;  and  that  the  company  of  Captain  John  Davenport 
shall  be  paid  upon  his  making  due  retnrn  of  rolls  of  his  "company,  properly  authenti- 
cated to  the  satisfaction  of  the  governor,  setting  forth  the  number  of  days  actually 
served  by  each  member  of  said  company:  Provided,  That  no  member  of  said  company 
shall  be  entitled  to  pay  for  more  than  ninety  days;  and  that  the  company  of  Captain 
Reading  W.  Black  shall  be  paid  upon  his  making  due  return  of  the  rolls  of  hiis  company, 
properly  authenticated  to  tne  satisfaction  of  the  governor,  setting  forth  the  number  of 
days  actually  served  by  each  member  of  said  company:  Provided,  That  no  member 
of  said  company  shall  be  entitled  to  pay  for  more  than  sixty  days. 

Sec.  4.  That  the  governor  may  appoint  some  suitable  person  to  pay  said  companies 
at  such  times  and  places  as  he  may  designate;  and  that  said  paymaster  so  appointed 
shall  be  entitled  to  the  sum  of  one  hundred  dollars  as  compensation  in  full  for  his  serv- 
ices and  expenses  in  making  said  payments;  and  that  he  shall  be  required  to  give 
bond  with  approved  security,  in  the  sum  of  eight  thousand  dollars,  for  the  faithful 
performance  of  his  duties  under  this  act. 

Sec.  5.  That  the  treasurer  shall  pay  over,  upon  the  order  of  the  governor,  to  the 
person  appointed  as  paymaster  under  the  provisions  of  the  fourth  section  of  this  act, 
any  amount  of  money  not  exceeding  four  thousand  dollars  out  of  any  money  in  the 
treasury  not  otherwise  appropriated.  And  that  this  act  shall  take  effect  from  its 
passage. 

Approved,  February  13,  1858. 

The  State  of  Texas, 
department  of  state. 

I,  C.  C.  McDonald,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
the  attached  and  foregoing  is  a  true  and  correct  copy  of  sections  1,  2,  3,  4,  and  5,  chap- 
ter 138,  acts  of  the  seventh  legislature.  State  of  Texas,  as  the  same  appears  in  the  printed 
general  laws  of  Texas  on  pages  209-210,  of  said  acts. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to  be 
impressed  hereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex.,  this  the  15th 
day  of  September,  A.  D.  1911. 

[seal.]  C.  C.  McDonald,  Secretary  of  State. 


Exhibit  E. 

chapter   XIX. 

AN  ACT  Making  an  appropriation  to  pay  for  supplies  furnished  the  troops  now  on  the  frontier. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That  the  sum  of 
twenty-five  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  be,  and  the 
same  is  hereby,  appropriated  to  pay  for  supplies  furnished,  and  to  purchase  supplie.'^ 
for  the  troops  now  on  the  frontier,  which  appropriation  shall  be  paid  out  of  the  United 
States  bonds  now  in  the  treasury,  arising  from  the  sales  of  the  university  lands;  the 


G2  CLAIM  OF  THE  STATE  OF  TEXAS. 

said  bonds  to  be  paid  out  at  their  common  market  value,  and  the  amount  so  paid  shall 
become  a  charge  against  the  State,  and  be  returned  to  the  iiniversity  fund  without 
interest  whenever  the  condition  of  the  treasury  will  allow  the  same  to  be  done. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  February  8,  1861. 

The  State  of  Texas, 
department  of  state. 

I,  C.  C.  McDonald,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
the  attached  and  foregoing  is  a  true  and  correct  copy  of  sections  1  and  2,  Chapter  XIX, 
acts  of  the  extra  session  of  the  eighth  legislature,  State  of  Texas,  as  the  same  appears 
in  the  printed  general  laws  of  Texas  on  page  17  of  said  acts. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to  be 
impressed  hereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex.,  this  the  15th 
day  of  September,  A.  D.  1911. 

[seal.]  C.  C.  McDonald,  Secretary  of  State. 


Exhibit  F. 
(Senate  Document  No.  169,  Fifty-ninth  Congress,  first  session.] 

War  Department, 

Washington,  January  27,  1906. 

Sir:  The  act  of  Congress  "making  appropriations  to  supply  deficiencies  in  appro- 
priations for  the  fiscal  year  ending  June  30,  1905,  and  for  prior  years,  and  for  other 
purposes,"  approved  March  3,  1905,  contains  the  following  provi:^ion: 

"The  Secretary  of  War  is  hereby  directed  to  inquire,  and  report  to  Congress  for  its 
consideration,  what  sum  or  sums  of  money  were  actually  expended  by  the  State  of 
Texas  during  the  period  of  time  between  February  twenty-eiglith,  eighteen  hundred 
and  fifty-five,  and  June  twenty-first,  eighteen  hundred  and  sixty,  in  payment  of 
State  volunteers  or  rangers  called  into  service  by  authority  of  the  governor  of  Texas, 
in  defense  of  the  fi-ontier  of  that  State  against  Mexican  marauders  and  Indian  depre- 
dations, for  which  reimbursement  has  not  been  made  out  of  the  Treasury  of  the 
United  States." 

In  compliance  with  this  provision  of  law  I  have  the  honor  to  transmit  herewith  a 
report  of  the  result  of  an  investigation,  made  by  my  direction,  by  the  Military  Secre- 
tary of  the  Army,  with  regard  to  the  subject  of  the  legislation  in  question. 
Verv  respectfullv, 

W.  H.  Taft,  Secretary  of  War. 

The  President  of  the  Senate. 


CLAIM  OF  THE  STATE  OF  TEXAS  FOR  REIMBURSEMENT  FOR  MONEY  ACTUALLY  EXPENDED 
BY  THAT  STATE  BETWEEN  FEBRUARY  28,  1855,  AND  JUNE  21,  1860,  IN  PAYMENT  OF 
STATE  VOLUNTEERS  OR  RANGERS  IN  SERVICE  IN  DEFENSE  OF  THE  FRONTIER  OF 
THAT   STATE   AGAINST   MEXICAN   MARAUDERS   AND   INDIAN   DEPREDATIONS. 

The  act  of  Congress  "making  appropriations  to  supply  deficiencies  in  the  appropri- 
ations for  the  fiscal  year  ending  June  30,  1905,  and  for  prior  years,  and  for  other  pur- 
poses," approved  March  3,  1905,  contains  the  following  provision: 

"The  Secretary  of  War  is  hereby  directed  to  inquire,  and  report  to  Congress  for  its 
consideration,  what  sum  or  sums  of  money  were  actually  expended  by  the  State  of 
Texas  during  the  period  of  time  between  February  twenty-eighth,  eighteen  hundred 
and  fifty-five,  and  June  twenty-first,  eighteen  hundred  and  sixty,  in  payment  of 
State  volunteers  or  rangers  called  into  service  by  authority  of  the  governor  of  Texas, 
in  defense  of  the  frontier  of  that  State  against  Mexican  marauders  and  Indian  depre- 
dations, for  which  reimbursement  has  not  been  made  out  of  the  Treasury  of  the  United 
States." 

The  earliest  action  of  the  State  of  Texas  looking  toward  the  reimbursement  of 
that  State  by  the  United  States  for  expenditures  on  account  of  its  rangers  and  volun- 
teers, called  into  service  for  the  protection  of  the  frontier,  appears  to  have  been  a 
joint  resolution  of  the  State  legislature  "Requesting  our  Representatives  and  instruct- 


CLAIM  OF  THE  STATE  OF  TEXAS.  63 

ing  our  Senators  in  the  United  States  Congress  to  call  upon  the  United  States  Gov- 
ernment to  refund  the  money  heretofore  paid  out  by  the  State  of  Texas  for  the  defense 
of  her  frontier  since  the  28th  day  of  February,  1855."  The  copy  of  thi.s  resolution  on 
file  in  this  office  does  not  show  the  date  of  its  approval,  but  it  is  certified,  under  date 
of  November  23,  1857,  as  a  true  copy  of  the  original  on  file  in  the  depaitment  of  state 
of  Texas.     (1344  W.  D.,  1872,  inclo.  60.) 

Under  date  of  October  8,  1858,  the  governor  of  Texas  wrote  to  the  Secretary  of  War, 
inclosing  "An  abstract  from  the  comptroller's  office  of  the  different  sums  appropriatecl 
l)y  the  State  of  Texas  for  protection  against  the  Indians,  and  now  remaining  unpaid 
liY  the  Government  of  the  United  States."  That  statement  is  printed  in  Executive 
Document  No.  27,  House  of  Representatives,  Thirty-fifth  Congress,  second  session, 
pages  44-47,  it  having  been  transmitted  to  that  body  January  G,  1859,  with  other 
papers,  by  the  Secretary  of  War,  in  compliance  with  a  resolution  of  the  House  of 
Representatives  of  December  23,  1858,  requesting  copies  of  certain  correspondence 
relating  to  the  protection  of  the  frontier  of  Texas.     It  shows — 

Amount  appropriated $184, 544.  51 

Amount  paid 148, 998.  75 

Balance  of  appropriation  assumed  by  the  State  and  subject  to  be 
drawn 35,545.76 

The  consideration  of  this  claim  in  Congress  resulted  in  the  insertion  in  the  "Act 
making  appropriations  for  the  support  of  the  Army  for  the  year  ending  the  30th  of 
June,  1860,"  approved  March  3,  1859,  of  a  section  which  provides — 

"That  the  Secretary  of  War  be,  and  he  is  hereby,  authorized  to  repay  to  the  State 
of  Texas,  out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  moneys 
advanced  by  that  State  for  the  payment  of  six  companies  of  mounted  volunteers 
called  into  service  by  General  Persifor  F.  Smith  on  the  first  of  November,  eighteen 
hundred  and  fifty-four,  for  three  months:  Provided,  That  there  shall  be  no  greater 
pay  or  allowances  to  these  companies  than  was  given  to  similar  troops  in  the  service 
of  the  United  States.  "     (11  Stat.  L.,  434.) 

There  had  theretofore  been  appropriated  for  the  expenses  of  these  six  companies 
$137,755.38  in  the  act  of  Congress  approved  March  3,  1855,  making  appropriations 
for  the  support  of  the  Army  (10  Stat.  L.,  636),  and  $25,000  in  the  act  approved  March 
3,  1855,  making  appropriations  for  the  civil  and  diplomatic  expenses  of  the  Govern- 
ment (ibid.,  673),  making  a  total  appropriation,  March  3,  1855,  for  these  six  compa- 
nies of  $162,755.38.  It  appears,  from  a  statement  printed  on  page  4  of  Executive 
Document  No.  277,  House  of  Representatives,  Forty-second  Congress,  second  session, 
that  between  the  date  of  this  appropriation  and  June  30,  1859,  there  was  paid  out 
on  this  account  $93,612.47,  and  that  on  the  latter  date  (June  30,  1859)  the  balance, 
$69,142.91,  was  carried  to  the  surplus  fund.  The  records  of  the  Treasury  Department 
undoubtedly  show  in  detail  the  expenditures  under  this  appropriation. 

The  subject  of  reimbursement  of  the  State  of  Texas  on  account  of  these  claims 
was  again  before  Congress  in  1860,  and  the  Secretary  of  War,  in  compliance  with  a 
request  for  information  on  the  subject,  transmitted  to  the  Senate  Committee  on 
Military  Affairs,  under  date  of  March  31,  1860,  reports  of  the  second  and  third  aud- 
itors relative  to  the  Texas  claims.  (1344  W.  D.,  1872,  inclo.  51,  61,  and  63.)  Con- 
sideration of  the  matter  by  Congress  at  this  session  resulted  in  the  insertion  of  section 
6  in  the  Army  appropriation  act  approved  June  21,  1860.  That  section  reads  as 
follows: 

"And  be  it  further  enacted,  That  the  provisions  of  the  second  section  of  the  act  of 
third  March,  eighteen  hundred  and  fifty-nine,  chapter  eighty-three,  be  extended  so 
as  to  include  all  the  moneys  advanced  by  the  State  of  Texas  in  pajTuent  of  volun- 
teers called  out  in  defence  of  the  frontier  of  that  State  since  the  twenty-eighth  of 
February,  eighteen  hundred  and  fifty-five:  Provided,  The  Secretary  of  War  shall  be 
satisfied  that  there  was  necessity  for  calling  out  these  troops,  that  they  were  called 
out  by  competent  authority,  and  that  the  amount  so  claimed  was  actually  paid  by 
the  said  State.  And  that  the  amount  hereby  provided  for  shall  not  exceed  the  sum 
of  one  hundred  and  twenty-three  thousand  five  hundred  and  forty-four  dollars  and 
fifty-one  cents:  Provided  further,  That  compensation  shall  only  be  allowed  for  the 
period  during  which  said  troops  were  actually  employed  in  military  service.  (12 
Stat.  L.,  68.)" 

It  appears  that  the  maximumlimit  of  expenditures  under  this  provision  ($123,544.51) 
was  determined  by  deducting  from  the  total  amount  then  claimed  by  the  State 
($184,544.51)  the  amount  ($61,000)  claimed  on  account  of  the  six  companies  for  which 
provision  was  made  in  the  act  cf  March  3,  1859,  hereinbefore  cited. 

The  secretary  of  state  of  Texas  was  advised  by  the  Secretarj^  of  War.  September 
11,  1860,  that  "in  order  to  procure  the  settlement  of  the  account  for  expenses  incurred 


64  CLAIM  OF  THE  STATE  OF  TEXAS. 

by  the  State  of  Texas  for  frontier  defenses,  a  full  statement  of  that  account,  properly 
Bustained  by  original  ■vouchers,  should  be  transmitted  to  this  Department." 

On  November  15,  1860,  the  Secretary  of  War  rendered  the  following  decision  in 
the  case: 

"I  have  examined  and  considered  the  evidence  submitted  for  my  decision  on  the 
question  presented  in  the  proviso  to  the  sixth  section  of  the  act  of  June  21,  1860, 
making  '  appropriations  for  the  support  of  the  Army  for  the  year  ending  30th  June, 
1861,'  and  am  satisfied  that  there  was  a  necessity  for  calling  out  the  Texas  Volun- 
teers mentioned,  and  that  they  were  called  out  by  competent  authority. 

"The  second  auditor  will  therefore  have  the  claim  of  Texas  audited  under  the  pro- 
visions of  the  said  sixth  section  as  soon  as  the  proper  vouchers  of  the  State  are  received 
by  him." 

The  report  of  the  second  auditor,  dated  February  13,  1861,  with  a  list  of  exceptions 
to  the  claim,  and  the  report  of  the  third  auditor,  dated  February  23,  1861,  are  printed 
in  Executive  Document  No.  277,  House  of  Representatives,  Forty-second  Congress, 
second  session,  pages  134  to  138.  In  the  report  of  the  second  auditor  it  is  stated  that 
"Inasmuch  as  yoiu*  predecessor,  on  the  15th  of  November,  1860,  decided  the  neces- 
sity for  calling  out  troops  by  the  State  of  Texas,  and  that  they  were  called  out  by 
competent  authority,  I  have  now  only  to  consider  two  points,  to  wit,  first,  that  the 
amount  now  claimed  was  actually  paid  by  the  State  of  Texas;  secondly,  the  compen- 
sation to  be  allowed  is  only  for  the  period  during  which  said  troops  were  actively 
employed  in  military  service.     (8116,  W.  D.,  1871,  inclo.  1564  and  1655.)" 

The  comptroller  of  the  State  of  Texas,  having  learned  from  the  auditor's  report  in 
the  case  of  the  informalities  in  the  papers  and  deficiencies  in  the  evidence  of  such  a 
character  as  to  render  it  necessary  that  the  papers  should  be  returned  to  Texas  for  the 
purpose  of  being  perfected,  asked  permission  to  withdraw  all  the  papers  in  the  case. 
(1344,  W.  D.,  1872,  inclo.  46.)  The  papers  appear  to  have  been  returned  to  the  State, 
and  the  breaking  out  of  the  Civil  War  soon  afterwards  put  a  stop  to  further  negotiations 
for  the  settlement  of  the  claim  at  that  time. 

It  appears  that  none  of  the  money  appropriated  for  the  payment  of  Texas  Volunteers 
by  the  acts  of  March  3,  1859,  and  June  21,  1860,  was  disbursed;  and  a  resolution  was 
adopted  in  the  House  of  Representatives  January  18,  1872,  directing  the  Secretary  of 
War  "to  inform  this  House  why  the  money  appropriated  under  the  acts  of  Congress 
March  3,  1859,  and  June  23  [21],  1860,  has  not  been  paid  to  the  State  of  Texas  as  pro- 
vided for  in  said  acts."  In  reply  to  this  resolution  the  Secretary  of  War  transmitted 
to  the  House  of  Representatives  "A  copy  of  a  letter  of  November  11,  1871,  from  the 
secretary  of  state  of  Texas  to  the  Secretary  of  the  Treasury,  showing  why  the  money 
had  not  been  paid  prior  to  that  date,  and  a  copy  of  a  letter  of  November  16,  1871, 
from  the  Secretary  of  War  to  the  secretary  of  state  of  Texas,  showing  why  the  money 
had  not  been  paid  since  the  last-mentioned  date." 

The  letters  referred  to  by  the  Secretary  of  War  are  printed  on  pages  141  and  142  of 
Executive  Document  No.  277,  House  of  Representatives,  Forty-second  Congress, 
second  session. 

Nothing  further  appears  to  have  been  done  with  regard  to  the  claim  until  1871,  when 
it  was  revived  by  an  act  of  the  Legislature  of  the  State  of  Texas,  approved  May  12, 1871. 
The  manner  of  the  presentation  of  this  claim  to  the  United  States  and  the  executive 
action  thereon  appear  in  Documents  Nos.  127-137,  pages  140-145,  of  Executive  Docu- 
ment No.  277,  referred  to  above.  The  abstracts  submitted  with  the  claim  substitute 
the  amoimt  .1152,274.66  (the  amount  paid  from  State  appropriations)  for  the  $184,544.51 
(the  amount  appropriated  by  the  State)  claimed  prior  to  1861.  To  this  has  been  added 
$57,382.33,  paid  to  companies  of  J.  Bourland,  J.  H.  Brown,  and  J.  S.  Ford,  and 
$13,354.77  for  advances  made  for  military  services  on  the  Rio  Grande,  making  the 
total  amount  of  the  claim,  as  then  stated,  $223,011.76. 

It  appears  that  the  claim  was  referred  by  the  Secretary  of  War  to  Lieut.  Thomas  H. 
Bradley,  Twenty-first  Infantry,  for  examination  of  the  evidence  submitted  and  report 
on  the  claim.  Lieut.  Bradley's  report,  dated  April  27,  1872,  was  transmitted  by  the 
Secretary  of  War  to  the  House  of  Representatives  April  30,  1872,  "in  accordance  with 
the  request  of  its  Subcommittee  on  Appropriations"  for  a  report  concerning  the  history 
and  character  of  certain  claims  of  the  State  of  Texas.  It  is  printed  as  Executive 
•  Document  No.  277,  House  of  Representatives,  Forty-second  Congress,  second  session 
and  contains — 

(1)  A  r6sum6  of  "the  condition  of  affairs  that  may  have  rendered  it  necessary,  from 
time  to  time,  to  employ  Texan  Rangers,  or  volunteers,  within  that  State"  at  various 
dates  between  November  1,  1854,  and  some  time  in  September,  1860,  for  the  purpose 
of  suppressing  Indian  hostilities  on  the  frontier; 
■^  (2)  An  exhibit  of  the  character  of  the  troops,  the  circumstances  under  which 
employed,  and,  as  far  as  ascertained,  a  history  of  their  services;  and 

(3)  An  analysis  of  the  accounts  in  the  claim  in  question. 


CLiUM    OF   THE   STATE   OF   TEXAS.  65 

In  his  examination  of  the  rolls  and  vouchers  submit  tod  with  the  claim,  Lieut.  Bradley 
found  errors  in  addition  amounting  to  $132.13.  The  correction  of  these  errors  makes 
the  total  amount  of  the  claim  .|223,143.89.  He  presents  (p.  65),  as  the  result  of  his 
analysis  of  the  vouchers,  a  tabular  summarv,  in  which  he  recommends  that  $05,942.05 
be  allowed,  $24,915.54  suspended,  and  $132,286.30  disallowed.  In  order  that  this 
tabular  statement  might  not  be  misconstrued,  Lieut.  Bradley  submitted — 

•'That  the  evidence  found  in  reference  to  these  Texas  claims  does  not  exhibit  any 
good  ground  for  actual  responsibility  on  the  part  of  the  United  States  Government 
for  anything  more,  in  this  case,  than  .$20,225.35,  which,  in  the  'synopsis,'  is  the  sum 
of  the  first  two  items  for  the  troops  of  class  1 ,  and  that  the  balance,  viz,  $202,918.54,  was 

Said  on  account  of  troops  or  rangers,  for  the  employment  or  support  of  which  the 
'nited  States,  or  their  duly  authorized  agents,  aside  from  the  act  of  June  21,  1860, 
were  not  at  all  responsible." 

It  does  not  appear  that  any  legislative  action  resulted  from  the  transmission  of  this 
report  to  Congress. 

The  claim  was  again  revived  by  a  letter  from  the  governor  of  Texas,  under  date  of 
December  24,  1875,  to  the  Texas  delegation  in  Congress.  With  that  letter  were 
inclosed  two  statements  of  the  expenditures  on  account  "frontier  protection,"  those 
statements  being  certified  by  the  comptroller  of  the  State  as  true  and  correct  state- 
ments as  shown  by  the  records  of  his  office.  The  fir^t  is  a  "statement  of  amounts  paid 
by  the  State  of  Texas  for  frontier  protection  from  January  28,  1855,  to  January  28, 
1861,"  and  amounts  to  $509,111.95.  The  second  is  a  "statement  of  amounts  paid 
bv  the  State  of  Texas  for  'frontier  protection, '"  for  troops  called  out  subsequentlv  to 
October  14,  1865,  and  amounts  to  $1,027,375.67.  (The  latter  does  not  fall  within'the 
scope  of  this  inquiry,  and,  besides,  it  was  subsequently  disposed  of  under  the  act  of 
Congress  approved  June  27,  J882,  22  Stat.  L.,  111.) 

This  letter  was  followed,  January  6,  1876,  by  the  introduction  in  the  House  of 
Representatives  of  a  joint  resolution  (H.  J.  Res.  23)  authorizing  and  directing  the 
Secretaiy  of  the  Treasury  to  pay  to  the  State  of  Texas  $1,536,417.62,  with  lawful 
interest  thereon — 

"to  reimburse  said  State  for  moneys  paid  as  compensation  and  for  support  for  troops 
for  the  defense  of  the  frontiers  of  Texas  from  the  twenty-eighth  day  of  February, 
eighteen  hundred  and  fifty-five,  to  the  commencement  of  the  late  Civil  War,  and 
from  the  commencement  of  the  administration  of  the  State  government  by  Andrew  J. 
Hamilton  to  the  present  time." 

This  resolution  was  referred  to  the  Committee  on  Military  Affairs,  and  that  committee 
resolved  that  the  resolution  and  the  accounts  filed  therewith — 

"be  referred  to  the  Secretary  of  War,  with  the  request  that  he  will  have  the  amounts 
for  said  expenses  duly  inspected  and  make  report  thereon  of  the  amount  really  due 
the  State  of  Texas  on  account  of  the  same." 

The  Secretary  of  War,  under  date  of  December  26,  1876,  replied  that— 
"this  department  possesses  no  evidence  concerning  the  accounts  of  the  State  of  Texas, 
further  than  the  statements  on  two  abstracts,  which  are  for  $1,536,487.62,  and  which 
were  received  from  the  committee,  and  except  accounts  for  $223,143.89.  The  latter 
were  examined  at  this  department  in  the  year  1871,  and  they  were  reported  upon  in 
full,  as  apnears  in  House  Executive  Document  No.  277,  second  session  Forty-second 
Congress. 

This  resolution  and  the  correspondence  relating  to  it  is  printed  in  Executive  Docu- 
ment No.  14,  House  of  Representatives,  Forty-fourth  Congress,  second  session.  The 
resolution  does  not  appear  to  have  become  a  law. 

The  claim  was  again  before  Congress  in  1877,  and  on  November  13,  1877,  the  Senate 
Committee  on  Military  Affairs  transmitted  to  the  Secretary  of  War  a  copy  of  Senate 
bill  165,  to  reimburse  the  State  of  Texas  for  expenses  incurred  by  said  State  in  repelling 
invasions  of  Indians  and  Mexicans,  and  requested  an  expression  of  his  views  as  to  the 
propriety  of  so  reimbursing  the  State  of  Texas,  together  with  such  information  respect- 
ing the  same  as  might  tend  to  guide  the  committee  in  its  action  on  that  bill  [9374 
:W.  D.,  1877,  with  R.  and  P.  750786].  The  Secretary's  reply  is  printed  in  Senate 
1  Executive  Document  No.  19,  Forty-fifth  Congress,  second  session.  That  document 
lilso  contains  a  reprint  of  Executive  Document  No.  277,  House  of  Representatives, 
iForty-second  Congress,  second  session,  and  Executive  Document  No.  14,  House  of 
Representatives,  Forty-fourth  Congress,  second  session,  to  which  documents  the  atten- 
jion  of  the  committee  was  invited  by  the  Secretary  of  War.  This  bill  (S.  165)  also 
'ailed  to  become  a  law. 

The  claim  of  Texas,  with  those  of  other  States,  was  again  under  consideration  in  1880. 
Under  date  of  January  16,  1880,  the  Senate  Committee  on  Claims  transmitted  to  the 
Secretary  of  War  a  copy  of  a  bill  (S.  1028)  in  relation  to  the  claims  of  States  against  the 
i[Tnited  States,  and  requested — 

H.  Doc.  551,  62-2 5 


66  CLAIM  OF  THE  STATE  OF  TEXAS. 

"all  the  information  and  facts  shown  by  the  records,  or  know-n  in  your  department, 
touching  the  claim  of  each  State  of  the  Union  against  the  United  States,  the  nimiber 
of  such  claims,  the  character  and  amount  of  each,  what  action  has  been  taken  in  rela- 
tion to  each,  and  the  Adews  of  your  department  as  to  the  propriety  of  the  passage  of 
the  bill.     (610  W.  D.,  1S80,  with  R.  and  P.  750786.)" 

In  reply  to  this  inquiry  the  Secretary  of  War  transmitted  to  the  Senate,  under  date 
of  February  6,  ISSO— 

"a  report  prepared  by  First  Lieut.  Thomas  H.  Bradley,  Twenty-first  Infantr\',  exam- 
iner of  State  claims  in  this  office,  which  expresses  the  yiews  of  this  department  upon 
the  subject." 

This  report,  with  the  accompanying  documents,  is  printed  in  Senate  Executive 
Document  No.  74,  Forty-sixth  Congress,  second  session. 

With  regard  to  this  claim  of  Texas  and  similar  claims,  Lieut.  Bradley  said: 

"The  claims  of  the  second  grand  class,  namely,  those  which  are  not  included  in  the 
Civil  War  division,  are  for  reimbursement  of  expenditures  alleged  to  have  been  made 
in  repelling  Indian  invasions,  and  in  supporting  State  troops  employed  on  account  of 
Indian  wars,  and  so  forth.  The  character  of  these  claims  may  be  ascertained  by  a 
reference  to  Senate  Executive  Document  No.  19,  second  session  Forty-fifth  Congress. 
A  copy  of  this  document  is  hereto  annexed,  marked  "B,"  and  on  page  77  of  it  appears 
the  following: 

"  'And  I  fiu-ther  submit  that  a  reimbiu-sement  of  the  last-mentioned  amoimt($202,- 
918.54),  or  a  recognition  of  the  services  of  the  men  to  whom  it  was  paid,  will  be  the 
commencement  of  a  responsibilitj'  of  which  the  end — though  it  may  be  made  to 
appear  in  the  case  of  the  State  of  Texas — can  not  be  foreseen  so  far  as  the  United 
States  Government  may  be  concerned. 

*  *  *  »  *  *  * 

"  'The  second  class  of  claims,  namely,  those  for  repelling  Indian  invasions  and 
employment  of  irregular  troops,  so  far  as  reported  at  present,  amount  to  $1,705,094.35. 
Of  this  sum  Texas  claims  .§1,536,487.62,  and  Florida  claims  $168,606.73.'  " 

No  legislation  in  the  interest  of  the  State  of  Texas  resulted  from  this  report. 

This  claim  M^as  again  brought  to  the  attention  of  the  United  States  in  1889  by  Hon. 
Joseph  D.  Sayers,  then  a  Representative  in  Congress  from  the  State' of  Texas.  Under 
date  of  August  5,  1889,  he  wrote  to  the  Secretary  of  the  Treasury  with  regard  to  the 
matter.  Following  is  a  copy  of  that  letter  and  the  indorsements  thereon,  which  show 
the  action  of  the  Treasury  Department  on  the  case: 

Bastrop,  Tex.,  Augusts,  1889. 
Dear  Sir:  At  the  request  of  the  governor  of  Texas,  I  write  to  ask  that  you  will  inform 
me  as  to  the  status  of  the  claim  of  Texas  for  reimbui-sement  for  moneys  paid  out  for 
frontier  defense  under  acts  of  Congress  of  March  3,  1859,  and  June  21,  1860.  In  pur- 
suance of  these  acts  the  State  of  Texas  endeavored  to  establish  her  claim,  but  failed  to 
secure  its  payment.  You  will  oblige  me  by  furnishing  me,  so  far  as  the  books  of  the 
Treasiu-y  and  the  papers  on  file  will  show,  a  full  and  succinct  statement  of  what  has 
been  done  in  the  premises,  and  also  what  debits  and  credits,  if  any,  have  been  made. 
Very  respectfully,  your  obedient  servant, 

Joseph  D.  Sayers, 
Member  of  Congress,  Texas. 
The  Secretary  of  the  Treasury. 

Treasury  Department,  August  13,  1889. 
Respectfully  referred  to  the  honorable  third  auditor  for  report. 

Geo.  S.  I^atcheller, 

Assistant  Secretary. 

Treasury  Department,  Third  Auditor's  Office, 

August  16,  1889. 
Respectfully  returned  to  the  honorable  Secretary  of  the  Treasury,  with  the  infor- 
mation that  the  claim  referred  to  within  is  not  on  file  in  this  office.  The  acts  men- 
tioned by  the  ^vriter  confer  authority  solely  upon  the  Secretary  of  War  to  reimburse 
the  State  of  Texas  for  moneys  advanced  by  that  State  in  payment  of  volunteers  called 
out  in  defense  of  the  frontier.  A  report  upon  this  subject  was  submitted  by  the  Secre- 
tary of  \A'ar  to  the  Senate  February  6,  1880.  (Vide  Ex.  Doc.  74,  46th  Cong.,  2d  sess.) 
I  presume  the  papers  representing  the  claim  are  on  the  files  of  the  ^^"ar  Department. 

Jno.  S.  Williams,  Auditor. 


CLAIAL    OF    THE    kSTATE    OF    TKXAS.  67 

Treasury  Department,  Augxist  17,  1889. 
Respectfully  referred   to  the  honorable  second  auditor  for  any  information  the 
records  of  his  ofiice  may  afford  in  this  case. 

Geo.  S.  Batcheller, 

Acting  Secretary. 

Treasury  Department,  Second  Auditor's  Office, 

August  22,  1889. 
Respectfully  returned  to  the  honorable  Secretary  of  the  Trea,«ury. 
The  claim  of  the  State  of  Texas  for  reimbursement  of  moneys  expended  for  frontier 
defense,  1855  to  1861,  has  never  been  audited,  and  therefore  no  charges  or  credits  have 
been  made.  Full  information  in  regard  to  said  claim  will  be  found  in  the  reports 
submitted  to  Congi-ess  by  the  Secretary  of  War  April  30,  1872,  and  February  (J,  1880, 
which  are  printed  as  House  Executive  Document  No.  277,  Forty-second  Congress, 
second  ses?ion,  and  Senate  Executive  Document,  Forty-sixth  Congress,  second  session, 
respectively.  I  suggest  that  the  Secretary  of  War  can  best  give  the  present  status  of 
the  claim  in  question,  as  all  papers  in  the  case  filed  in  this  ofH.e  were  returned  to  him, 
by  his  request,  February  13,  1872,  as  appears  by  the  second  auditor's  letter  of  that  date, 
a  copy  of  which  is  inclosed. 

J.  H.  Franklin,  Acting  Auditor. 

Trea.sury  Department,  August  23,  1889. 
Respectfully  referred  to  the  honorable  Secretary  of  War. 
Mr.  Sayers  has  been  informed  of  this  reference. 

Geo.  S.  Batcheller,  Acting  Secretary. 

On  the  same  date  (Aug.  5,  1899)  Representative  Sayers  wrote  to  the  Secretary  of 
War  on  the  same  subject.  Following  is  a  copy  of  that  letter  and  the  indorsements 
thereon,  which  show  tlie  action  of  the  War  Department  on  the  case: 

Bastrop,  Tex.,  August'5,  1889. 

Dear  Sir:  Respectfully  inviting  your  attention  to  the  acts  of  Congress  of  March  3, 
1859,  and  June  21,  18G0,  I  have  to  request  that  you  will  cause  me  to  be  furnished 
with  a  full  and  complete  statement  of  the  present  status  of  the  claim  presented  by  the 
State  of  Texas  for  reimbursement  for  moneys  paid  out  for  frontier  defense  in  pursu- 
ance of  said  acts. 

I  am  aware  that  Lieut.  Thomas  H.  Bradley,  United  States  Army,  did  on  the  27th 
iiLiy  of  April,  1872,  make  a  report  to  the  Secretary  of  War  upon  this  claim,  but  it  is 
lioiieved  that  a  thorough  and  fair  analysis  of  the  report  clearly  shows  that  his  con- 
( lusions  were  not  ba.sed  either  upon  a  proper  consideration  of  the  evidence  submitted 
in  support  of  the  claim  or  upon  a  proper  interpretation  of  the  language  of  the  laws 
in  pursuance  of  which  the  claim  was  presented. 

In  addition  to  the  information  above  requested,  I  have  to  ask,  in  behalf  of  the 
State,  that  you  will  reopen  the  case  and  permit  the  State,  by  her  duly  accredited 
agent,  to  appear  before  you  or  before  whomever  you  may  designate  to  reexamine  the 
claim  and  to  establish,  if  it  be  possible,  her  right  to  its  payment  as  presented. 
I  have  the  honor  to  be,  very  respectfully,  your  obedient  servant, 

Joseph  D.  Sayers, 
Member  of  Congress,  Texas. 

The  Secretary  of  War. 


War  Department,  Examiners  State  War  Claims, 

Washington,  D.  C,  August  n,  1889. 

The  letter  of  the  Hon.  J.  D.  Sayers,  with  reference  to  the  Texas  claims  for  war 
expenses  prior  to  18G1,  is  returned  herewith.  Your  examiners  of  State  war  claims 
are  acting  under  the  act  of  Congress  of  August  4,  1886,  and  Senate  resolution  of  Feb- 
ruary 27,  1889,  and  have  no  knowledge  of  the  claim  mentioned  by  Mr.  Sayers  and  no 
data  for  answering  it,  except  that  of  printed  public  documents,  which  are  already 
accessible  to  him. 

Very  respectfully,  James  Biddle, 

Lieutenant  Colonel  Fifth  Cavalry,  Senior  Examiner. 


68  CLAIM  OF  THE  STATE  OF  TEXAS. 

War  Department,  December  13,  18S9. 
The  papers  in  the  claim  of  the  State  of  Texas,  under  the  acts  of  March  3,  1859,  and 
June  21,  1860,  are  herewith  respectfully  referred  to  the  Third  Auditor  of  the  Treas- 
ury for  such  action  as  the  accounting  officers  of  the  Treasury  may  deem  proper  under 
section  236  of  the  Revised  Statutes  and  the  laws  applicable  to  appropriations  carried 
to  the  surplus  fund. 

Hon.  Mr.  Sayers  has  this  day  been  advised  of  this  action,  press  copy  of  letter 
herewith. 

E,EDFiELD  Proctor,  Secretary  of  War. 

The  letter  to  Hon.  Mr.  Sayers,  to  which  reference  is  made  in  the  last  indorsement 
quoted  above,  read  as  follows: 

War  Department, 
Washington  City,  December  IS,  1889. 

Sir:  I  have  the  honor  to  acknowledge  receipt  of  your  request  of  August  5,  1889, 
for  a  full  and  complete  statement  of  the  claim  of  the  State  of  Texas,  under  the  acts 
of  March  3,  1859  (11  Stat.  L.,  434),  and  June  21,  1860  (12  Stat.  L.,  68),  for  moneys 
paid  out  for  frontier  defense;  that  the  case  be  reopened  by  the  War  Department, 
and  that  the  Slate  be  permitted  to  establish  her  right  to  the  payment  of  the  claim 
as  presented.  I  have  also  received  from  the  Treasury  Department  your  similar  let- 
ter to  the  Secretary  of  the  Treasury. 

Replying  to  the  same,  I  have  to  invite  your  attention  to  the  document  herewith, 
Senate  No.  19,  Forty-fifth  Congress,  second  session,  which  appears  to  contain  a  full 
statement  of  the  claim  and  of  the  action  thereon. 

The  letters  of  the  second  auditor,  dated  February  13,  1861,  and  third  auditor, 
February  23,  1861,  pages  144  to  148  of  said  document,  show  that  the  claim  was  not 
submitted  in  shape  for  allowance  prior  to  the  late  rebellion. 

The  amount,  $123,544.51,  appropriated  for  payment  of  the  claim  by  section  6  of 
tJie  act  of  June  21,  1860  (12  Stat.  L.,  68),  was,  under  section  10  of  the  act  of  August 
31,  1852  (iO  Stat.  L.,  98),  considered  to  have  "ceased  and  determined"  and  was 
carried  to  the  surplus  fund  June  29,  1863.  (See  Secretary  Belknap's  letter  of  Nov. 
16,  1871,  p.  152  of  said  document.} 

The  claim  was  again  presented  in  1871 ;  was  examined  in  this  department,  and  the 
report  of  the  examining  officer  was  transmitted  by  Secretary  Belknap  to  the  House 
of  Representatives  April  30,  1872  (pp.  13  to  77  of  said  document).  After  that  exami- 
nation the  claim  could  have  been  forwarded  to  the  accounting  officers  of  the  Treasury 
Department  for  their  action  under  section  236  of  the  Revised  Statutes,  the  examina- 
tion of  such  claims  in  this  department  being  subject  to  the  review  of  said  officers. 

The  papers  were,  however,  placed  on  file  here;  but  I  see  no  reason  why  they 
should  not  be  referred  to  the  accounting  officers,  who,  after  an  examination  of  the 
case,  can  determine  whether  the  laws  governing  the  settlement  of  claims  against 
appropriations  which  have  been  carried  to  the  surplus  fund  now  authorize  the  set- 
tlement of  the  present  claim  without  further  action  by  Congress. 

I  have  therefore  referred  the  claim  to  the  Third  Auditor  of  the  Treasury ,  in  whose 
office  State  claims  are  examined. 

Respectfully,  Redpield  Proctor, 

Secretary  of  War. 

Hon.  Joseph  D.  Sayers, 

House  of  Representatives. 

The  claim  was  subsequently  considered  in  the  Treasury  Department,  and  on  Decem- 
ber 21,  1889,  the  third  auditor  made  a  report  to  the  second  comptroller  on  the  subject. 
That  report  and  the  decision  of  the  comptroller  thereon  were  as  follows: 

Treasury  Department,  Third  Auditor's  Office, 

December  21,  1889. 
Hon.  Second  Comptroller: 

I  invite  attention  to  indorsement  by  the  Secretary  of  War,  December  13,  1889, 
transmitting  the  case  to  this  office,  also  to  the  views  expressed  by  the  Secretary  in 
his  letter  (see  copy)  to  Hon.  Joseph  D.  Sayers  of  same  date. 

It  seems  that  the  claim  was  found  not  to  have  been  sufficiently  prepared  by  the 
State  to  admit  of  final  adjudication,  and  that  the  State  had  not  supplied  the  defi- 
ciencies up  to  the  time  of  the  breaking  out  of  the  rebellion,  and  by  reason  of  these 
causes  no  settlement  was  made  by  the  Secretary  of  War.  The  Secretary  now  con- 
siders (see  letter  to  Mr.  Sayers)  that  all  authority  conferred  by  the  two  acts  upon  the 
Secretary  of  War  to  settle  this  claim  long  ago  ceased  and,determined  by  reason  of  the 
falling  back  of  the  appropriation  into  the  surplus  fund  under  operation  of  section  10, 
act  August  31,  1852  (10  Stat.  L.,  98). 


CLAIM  OF  THE  STATE  OF  TEXAS.  69 

If  tlie  two  acts  had  conferred  upon  the  Treasury  Departinent  any  jurisdiction  in 
this  matter,  which  seems  clearly  not  to  have  been  the  fact,  it  is  evident  that  the 
lapsing  of  the  appropriation  would  in  like  manner  have  terminated  and  destro\ed 
that  jurisdiction  also,  its  effect  being  to  terminate  any  and  all  jurisdiction,  wherever 
located . 

Section  236,  Revised  Statutes,  has  no  bearing  upon  this  case.  The  claims  against 
the  United  States  to  which  it  relates  are  those  which  in  their  origin  and  inception 
are  debts  and  obligations  of  the  United  States.  Tiie  General  Government  can  not 
become  liable  by  reason  of  a  contract  or  act  of  a  party,  unless  he  be  a  duly  empowered 
officer  of  the  United  States  acting  in  its  name  and  under  authority  of  its  law. 

The  act  of  a  State  olficer  in  calliug  State  militia  into  State  service  under  State  law 
is  wholly  powerless  to  charge  any  debt  upon  the  United  States  for  any  expense  thus 
incurred. 

If  Congress  deemed  the  case  one  in  which  it  woulc^be  right  for  the  United  States 
to  lift  the  burden  off  the  State,  it  has  power  to  assume  the  debt  or  expense  for  the 
United  States.  No  other  authority  in  the  land  has  that  power,  and  until  Congress 
enacts  such  assumption  no  executive  or  judicial  ofhrer  or  department  can  recognize 
such  expense  as  any  debt  or  obligation  of  the  United  States. 

And  in  making  such  assumption  Congress  has  the  sole  right  to  prescribe  all  terms 
and  limitations,  the  extent  and  manner  of  the  relief,  and  to  what  officer  or  tribunal 
it  will  commit  the  authority  to  investigate  and  to  determine  the  amount  due.  What- 
ever provisions  it  deems  fit  to  make  in  these  respects  for  the  particular  case  must 
exclusively  and  absolutely  govern  that  case. 

In  the  case  now  under  consideration  the  two  acts  of  Congress  authorized  the  Secre- 
tary of  War,  and  no  other  officer,  to  adjust  and  settle  the  claim.  Hence,  it  is  entirely 
clear  that  the  accounting  officers  of  the  Treasury  have  never  had  any  jurisdiction  in 
the  matter. 

I  recommend  that  the  papers  be  returned  to  the  Secretary  of  War,  with  opinion 
that  no  jurisdiction  in  the  matter  has  ever  been  conferred  by  law  upon  the  accounting 
officers  of  the  Treasury. 

Respectfully,  W.  H.  Hart,  Auditor. 

Second  Comptroller's  Office,  February  11,  1890. 
Respectfully  returned  to  the  third  auditor  with  my  concurrence  in  his  recommen- 
dation that  the  papers  be  returned  to  the  Secretary  of  War,  with  opinion  that  the 
accounting  officers  have  now  no  jurisdiction  in  the  matter. 

B.  F.  Gilkeson,  Comptroller. 

In  accordance  with  this  decision  the  papers  in  the  claim  were  returned  to  the  War 
Department  February  13,  1890.  They  are  now  on  file  in  this  office  and  include  the 
vouchers  enumerated  on  pages  35-65  of  the  re])ort  printed  in  Executive  Document  No. 
277,  House  of  Representatives,  Forty-second  Congress,  .second  session. 

Under  date  of  February  19,  1890,  Hon.  Joseph  D.  Savers  again  wrote  to  the  Secretary 
of  War  concerning  this  claim.  A  copy  of  that  letter  and  of  the  inclosure  referred  to 
therein  follows: 

House  of  Representatives, 
Washington,  D.  C,  February  19,  1890. 
Dear  Sir:  I  have  the  honor  to  respectfully  call  your  attention  to  the  inclosed  com- 
munication from  the  Second  Comptroller  of  the  Treasury,  which  explains  itself. 

The  re'port  upon  this  claim  was  made  by  a  single  officer  and,  in  my  opinion,  is 
clearly  unjust  to  the  State  of  Texas,  and  1  have  therefore  to  request  that  you  will  cause 
a  second  examination  of  the  claim  and  of  the  vouchers  accompanying  it  by  a  board  of 
officers,  with  directions  to  report  thereon.  The  claim  was  once  recognized  by  Con- 
gress, and  though  an  old  one  is  certainly  just  in  every  respect,  and  I  trust  that  you 
may  see  your  way  to  another  and  thorough  investigation  of  the  matter. 
Very  respectfully,  your  obedient  serv^ant, 

Joseph  D.  Saters, 
Member  of  Congress,  Texas. 
The  Secretary  op  War. 

Treasury  Department,  Second  Comptroller's  Office, 

Washington,  D.  C,  February  12,  1890. 
Sir:  I  have  the  honor  to  herewith  return  to  you  Executive  Documents  Nos.  19  and 
74  furnished  this  office  some  time  since  in  connection  with  the  consideration  of  the 
claim  of  the  State  of  Texas  against  the  Government  for  "frontier  defenses." 


'0  CLAIM  OF  THE  STATE  OF  TEXAS. 


I 


F  li:ivp  also  In  inform  you  that  the  accounting  officers  of  the  Treasury  have  no  juris- 
diction to  consider,  settle,  and  certify  said  claims. 

The  papers  and  vouchers  in  said  claims  have  been  returned  to  the  honorable  third 
auditor  with  the  request  that  he  return  them  to  the  honorable  Secretary  of  War  for 
such  disposition  of  them  as  he  shall  deem  proper. 

Very  respectfully,  B.  F.  Gilkeson, 

Corajptroller . 
Hon.  Joseph  D.  Sayers, 

House  of  Representatives,  Washington. 

The  case  was  referred  to  the  Acting  Judge  Advocate  General  for  report.  He  retm-ned 
it  by  indorsement,  as  follows: 

War  Department, 
Judge  Advocate  General's  Office, 

Washington,  D.  C,  February  26,  1890. 

Respectfully  retm-ned  to  the  Secretary  of  War. 

In  reference  to  the  claims  of  the  State  of  Texas  under  acts  of  March  3,  1859,  and 
June  21,  1860,  which  were  reported  upon  under  the  direction  of  the  Secretary  of  War 
in  1871,  Hon.  Joseph  D.  Sayers  asks  the  Secretai-y  of  War  to  cause  a  reexaminalion 
of  them  to  be  made  by  a  board  of  officers,  with  directions  to  report  thereon,  and  he 
assigned  as  a  reason  for  his  request  I  hat,  in  his  opinion,  the  report  originally  made  by  a 
single  officer  was  clearly  unjust  to  the  State  of  Texas. 

The  original  report  upon  the  claims  in  question,  and  of  the  injustice  of  which  Hon. 
J.  D.  Sayers  complains,  has  been  submitted  to  both  branches  of  Congress  and  is  found 
in  a  number  of  congressional  documents  in  connection  with  proposed  measures  for 
the  relief  of  the  State  of  Texas  on  the  payment  of  State  claims.  (See  H.  Ex.  Doc.  No. 
277,  42d  Cong.,  2d  sess.;  S.  Ex.  Doc.  No.  19,  45th  Cong.,  2d  sess.;  S.  Ex.  Doc.  No.  74, 
46th  Cong.,  2d  sess.) 

In  view  of  this  state  of  facts  this  office  is  of  opinion  that  the  jiu-isdiction  of  the  War 
Department  in  the  premises  is  exhausted  and  that  therefore,  without  authority  fi'om 
Congress,  there  is  no  power  to  take  the  action  requested  by  Hon.  J.  D.  Sayers. 

J.  D.  Clous,  Judge  Advocate  in  Charge. 

The  Secretary  of  War,  replying  to  the  letter  of  Hon.  Joseph  D.  Sayers,  wrote  as 
follows : 

War  Department, 
Washington,  February  27,  1890. 

Sir:  Referring  to  this  department's  letter  to  you  dated  December  13,  1889,  and 
replying  to  yoiu-s  of  Februarv  19,  1890,  both  concerning  the  claim  of  the  State  of  Texas 
under  the  acts  of  March  3,  "1859  (11  Stat.,  431),  and  June  21,  1860  (12  Stat.,  68),  I 
herewith  inclose  a  copy  of  the  decisions  of  the  third  auditor  and  second  comptroller, 
dated,  respectively,  December  21,  1889,  and  February  11,  1890,  in  the  matter.  I  also 
append  the  report  of  the  officer  in  charge  of  the  Judge  Advocate  General's  Office, 
dated  February  26,  1890,  as  follows: 

"In  reference  to  the  claims  of  the  State  of  Texas  under  act  of  March  3,  1859,  and 
June  21,  1860,  which  were  reported  upon  under  the  direction  of  the  Secretai-y  of  War 
in  1871,  the  Hon.  Joseph  D.  Sayers  asks  the  Secretary  of  War  to  cause  a  reexamination 
of  them  to  be  made  by  a  board  of  officers  with  directions  to  report  thereon,  and  he 
assigns  as  a  reason  for  his  request  that,  in  his  opinion,  the  report  originally  made  by 
a  single  officer  was  clearly  unjust  to  the  State  of  Texas.  The  original  report  upon  the 
claims  in  question,  and  of  the  injustice  of  which  the  Hon.  J.  D.  Sayers  complains,  has 
been  submitted  to  both  branches  of  Congress  and  is  found  in  a  number  of  congressional 
docinnents  in  connection  with  proposed  measures  for  the  relief  of  the  State  of  Texas 
on  the  payment  of  State  claims.  (See  H.  Ex.  Doc.  No.  277,  42d  Cong.,  2d  sess.;  S.  Ex. 
Doc.  No,  19,  45th  Cong.,  2d  sess.;  S.  Ex.  Doc.  No.  74,  46th  Cong.,  2d  sess.)  In  view 
of  this  state  of  facts,  this  office  is  of  opinion  that  the  jurisdiction  of  the  War  Department 
in  the  premises  is  exhausted  and  that  therefore,  without  authority  from  Congress, 
there  is  no  power  to  take  the  action  requested  by  the  Hon.  J.  D.  Sayers." 

It  appears  from  the  decision  of  the  accounting  officers  that  the  lapsing  of  the  appro- 
priation under  section  10  of  the  act  of  August  31,  1852  (10  Stat.,  98),  terminated  any 
and  all  jurisdiction  of  the  case  wherever  located,  and  in  view  thereof  and  of  the  above 
report  of  the  judge  advocate,  the  department  is  of  opinion  that  the  case  must  await 
the  action  of  Congress. 

Respectfully,  Redpield  Proctor, 

Secretary  of  War. 

Hon.  Joseph  D.  Sayers, 

House  of  Representatives. 


CLAIM  OF  THE  STATE  OF  TEXAS.  71 

It  will  be  seen  from  the  documents  and  papers  hereinbefore  referred  to  that  the 
amount  claimed  by  the  State  of  Texas  on  account  of  monev  expended  for  troops  in 
service  prior  to  the  Civil  War  was  $184,544.51  when  the  claim  was  first  presented  in 
1858;  when  that  claim  was  renewed  in  1871  it  amounted  to  $223,143.89,  and  the  cer- 
tificate of  the  State  comptroller  made  in  1875  shows  a  total  expenditure  on  this  account 
of  $509,111.95. 

It  is  to  be  observed  that  the  act  of  March  3,  1859  (11  Stat.  L..  434)  authorizing  the 
reimbursement  of  the  State  of  Texas  for  money  advanced  for  the  pavment  of  six  com- 
panies of  mounted  volunteers  called  into  service  November  1,  1854,  provides  "that 
there  shall  be  no  greater  pay  or  allowances  to  these  companies  than  was  given  to 
similar  troops  in  the  service  of  the  United  States,"  and  that  the  act  of  March  3,  1860 
(12  Stat.  L.,  68),  extending  the  provisions  of  the  act  of  March  3,  1859,  to  other  troops, 
provided  that  "the  Secretary  of  War  shall  be  satisfied  that  there  was  necessity  for 
calling  out  these  troops;  that  they  were  called  out  by  competent  authority,  and  that 
the  amount  so  claimed  was  actually  paid  by  the  said  State,"  and  "that "compensa- 
tion shall  only  be  allowed  for  the  period  during  which  said  troops  were  actively  em- 
ployed in  military  service." 

When  the  claim  was  before  the  department  in  1871-72  it  appears  to  have  been 
considered  with  a  view  to  furnishing  to  Congress  a  report  concerning  the  history  and 
character  of  the  claim.  From  the  report  submitted  it  appears  that  the  validity  of 
the  claim  and  the  sufficiency  of  the  vouchers  submitted  were  considered  in  making 
up  that  report. 

In  1876  the  claim  was  considered  by  the  department  in  compliance  with  a  request 
of  the  Military  Committee  of  the  House  of  Representatives  that  the  Secretary  of  War 
"will  have  the  amounts  for  said  expenses  duly  inspected  and  make  report  thereon  of 
the  amount  really  due  the  State  of  Texas  on  account  of  the  same." 

When  the  claim  was  considered  in  1877  it  was  taken  up  on  a  request  of  the  Senate 
Committee  on  Military  Affairs  for  an  expression  of  the  views  of  the  Secretary  of  War 
as  to  the  propriety  of  reimbursing  the  State  of  Texas. 

In  1880  this  claim  was  considered,  with  the  claims  of  other  States,  under  a  call  of 
the  Senate  Committee  on  Claims  for — 

"all  the  information  and  facts  shown  by  the  records,  or  knoi^-n  in  your  department, 
touching  the  claim  of  each  State  of  the  Union  against  the  United  States,  the  ntmiber 
of  such  claims,  the  character  and  amount  of  each,  what  action  had  been  taken  in 
relation  to  each,  and  the  views  of  your  department  as  to  the  propriety  of  the  passage 
of  the  bill  (S.  1028,  46th  Cong.). " 

The  recent  act  (of  Mar.  3,  1905)  directs  the  Secretary  of  W^ar  to  inquire  what  money 
was  actually  expened  by  the  State  of  Texas  between  February  28,  1855,  and  June  21, 
1860,  in  payment  of  State  volunteers  or  rangers  called  into  service  by  authority  of 
tlie  governor  of  Texas,  in  defense  of  the  frontier  of  the  State  against  Mexican  marauders 
and  Indian  depredations,  for  which  that  State  has  not  been  reimbursed  by  the  United 
States. 

The  State  of  Texas  has  submitted  to  the  War  Department  certified  copies  of  the  sev- 
eral acts  of  the  State  legislature  appropriating  money  on  account  of  the  State  volunteers 
or  rangers  included  in  this  claim.     These  copies  follow; 

[Chapter  IV.] 

AN  ACT  Making  appropriations  to  pay  the  expenses  of  volunteers  called  into  the  service  of  the  State  for 
the  protection  of  the  frontier  and  for  other  volunteer  service. 

Section  1.  Beit  enactedby  the  Legislature  of  the  State  of  Texas,  That  the  following  sums 
be,  and  the  same  are  hereby,  appropriated  to  pay  the  expenses  of  the  company  of  vol- 
unteers commanded  by  Capt.  James  H.  Callahan,  which  was  called  into  the  service  of 
the  State  by  his  excellency  the  governor  for  the  protection  of  the  frontier,  and  for  tlie 
volunteers  who  went  to  his  aid  under  command  of  Captains  Benton  and  Henry,  viz: 
For  pay,  mileage,  subsistence,  forage,  &c.,  including  pay  of  surgeon  forCapt.  Callahan's 
Co.,  the  sum  of  sixteen  thousand  and  ninety -one  dollars  and  twelve  cents. 

For  pay,  mileage,  subsistence,  forage,  <&c.,  for  Captains  Benton  and  Henry's  com- 
panies, the  sum  of  five  thousand  seven  himdred  (and)  fifty-five  dollars  and  twenty- 
two  cents. 

Sec.  2.  That  the  governor  be,  and  he  is  hereby,  authorized  to  appoint  some  suitable 
person,  who  shall,  upon  giving  bond  and  security  in  such  sum  as  the  governor  may 
require,  be  avithorized  to  draw  from  the  treasury  of  the  State  the  sums  above  appro- 
priated for  the  pay  and  mileage  of  said  companies,  and  shall  repair  at  such  time  and 
to  such  place  or  places  as  the  governor  may  direct  and  then  pay  said  companies  the 
amounts  that  may  be  due  them  for  their  respective  terms  i  f  service,  agreeable  to 
existing  laws  regulating  the  pay  of  mounted  troops  in  the  United  States  service,  making 


72  CLAIM  OF  THE  STATE  OF  TEXAS. 

a  proper  returu  thereof  to  the  comptroller,  and  it  shall  be  the  duty  of  said  person  thus 
appointed  to  receive  and  receipt  for  all  articles  of  public  property  which  may  be 
turned  over  to  him  by  the  officers  of  said  companies  and  to  dispose  of  the  same  for  the 
benefit  of  the  State  according  to  such  directions  as  may  be  given  to  him  by  the  governor, 
making  a  due  return  thereof  to  the  governor. 

Sec.  3.  That  the  paymaster  so  appointed  is  hereby  authorized  to  examine  and  pay 
such  amounts  for  quartei'master's  stores,  camp  and  garrison  equipage,  ordnance  storo-s, 
forage,  transportation,  one  surgeon's  medicines,  &c.,  as  may  be  presented  in  proper 
form,  duly  certified  to  by  the  respective  commanders  of  companies:  Provided,  That  no 
amount,  or  any  item  in  any  amount,  shall  be  allowed  or  paid  which  are  not  allowed  by 
the  regulations  of  the  United  States  Army,  nor  shall  any  horses  or  property  claimed  to 
be  lost  be  paid  for  by  said  paymaster  unless  tlie  \'ahie  thereof  shall  be  clearly  certified 
to  by  the  appraising  officers  according  to  law;  and  an  affidavit  of  the  commanding 
officer  shall  in  every  case  be  required,  stating  that  the  property  claimed  for  was  lost  in 
battle. 

Sec.  4.  That  the  sum  of  one  hundred  dollars  be,  and  the  same  is  hereby,  appro- 
priated to  carry  into  effect  the  above  2nd  section. 

Sec.  5.  That  the  governor  be  authorized  to  take  such  steps  as  may  be  necessary  to 
secure  the  payment  of  the  sums  herein  appropriated  by  the  Government  of  the  United 
States  to  the  State  of  Texas. 

Sec.  6.  That  this  act  take  effect  from  and  after  its  passage. 

Approved  December  17th,  1855. 

Department  of  St.\te. 
st.\te  of  texas. 

I,  0.  K.  Shannon,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that  the 
attached  and  foregoing  is  a  true  copy  of  Cliapter  IV  of  an  act  entitled  "An  act  making 
appropriations  to  pay  the  expenses  of  volunteers  called  into  the  service  of  the  State  for 
the  protection  of  the  frontier  and  for  other  volunteer  service,"  as  same  appears  on 
page  6  of  the  General  Laws  of  the  sixth  legislature  now  on  file  in  this  office. 

In  testimony  whereof  I  have  liereunto  signed  my  name  officially  and  caused  to  be 
impressed  thereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex.,  this  the 
6th  day  of  January,  A.  D.  1906. 

[seal.]  0.  K.  Shannon,  Secretary  of  State. 

[Chapter  XX.] 

an  act  To  provide  for  the  payment  of  six  companies  of  mounted  volunteers  that  were  mustered  into  the 
service  of  the  State  of  Te.xas  on  the  first  day  of  November,  A.  D.  1854,  under  a  requisition  of  Brevet 
Major  General  Pcrsifor  F.  Smith,  and  to  pay  the  expenses  incurred  by  said  companies. 

Section  1.  Be  it  enacted  fey  the  Legislature  of  the  State  of  Texas,  That  each  and  every 
commissioned,  noncommissioned  officer,  farrier,  blacksmith,  musician,  and  private 
who  belonged  to  the  six  companies  of  mounted  volunteers  mustered  into  the  service 
of  the  State  of  Texas  on  the  first  day  of  Novemljer,  A.  D.  1854,  shall  be  entitled  to 
pay  for  tliree  months'  service  therein. 

Sec.  2.  That  the  monthly  pay  of  the  commissioned  officers,  noncommissioned 
officers,  farrier,  musicians,  blacksmiths,  and  privates  shall  be  the  same  as  that  sub- 
sequently paid  Ijy  the  United  States  to  said  companies. 

Sec.  3.  In  all  cases  where  any  meml  er  of  said  companies  shall  have  died  since 
being  mustered  into  said  service,  payment  of  the  amount  due  him  under  the  provi- 
sions of  this  act  shall  he  made  to  his  executors  or  administrators,  and  if  the  said  dece- 
dent should  have  no  administrator,  payment  of  the  amount  due  him  shall  he  made 
to  the  father,  or  mother,  or  legal  representatives  of  said  decedent,  upon  certificate 
of  the  chief  justice  of  the  county  from  which  said  decedent  volunteered,  that  no 
administration  had  been  had  upon  the  said  estate. 

Sec  4.  I'hat  each  and  every  one  of  the  persons  appointed  by  the  governor  of  the 
State  of  Texas,  under  his  proclamation  of  the  18th  day  of  August,  A.  D.  1854,  to 
receive  said  six  companies  of  mounted  volunteers  at  the  places  of  rendezvous  desig- 
nated in  said  proclamation,  shall  be  entitled  to  receive  fifty  dollars  for  his  services. 

Sec  5.  That  the  sum  of  six  thousand  dollars,  or  so  much  thereof  as  may  be  neces- 
sary, be,  and  the  same  is  hereby,  appropriated  for  the  payment  of  the  balance  of 
accounts  contracted  by  the  said  six  companies  which  remain  unpaid  out  of  the  appro- 
priation made  by  the  Congress  of  the  United  States  for  that  purj)ose. 

Sec  6.  That  the  additional  sum  of  fifty-five  thousand  dollars,  or  so  much  thereof  j 
as  may  be  necessary,  be,  and  the  same  is  hereby,  appropriated,  out  of  any  monies  in : 


CLAIM  OF  THE  STATE  OF  TEXAS.  73 

the  treasury  not  otherwise  appropriated,  for  the  purpose  of  carrying  the  provisions 
of  this  act  into  effect. 

yEC.  7.  That  the  governor  of  the  State  of  Texas  shall  appoint  some  suitalile  person 
to  receive  said  appropriations  from  the  treasurer  of  the  State,  and  to  pay  out  the 
same  to  the  persons  entitled^  thereto,  and  the  person  so  appointed  shall  enter  into 
bond  with  one  or  more  sureties  for  the  faithful  performance  of  his  duties,  and  shall 
be  entitled  to  receive  such  compensation  therefor  as  the  governor  shall  think  right 
and  proper,  to  be  paid  out  of  said  appropriation. 

Sec.  8.  That  said  disliursing  agent  shall  be  authorized  to  pay,  out  of  the  appropria- 
tion made  by  the  sixth  section  of  this  act,  any  account  duly  certified  by  the  proper 
officers,  for  expenses  incurred  in  the  furnishing,  camp  equipage,  and  in  the  transpor- 
tation of  baggage  from  the  several  places  of  rendezvous  to  the  place  where  said  com- 
panies were  mustered  into  the  service  of  the  United  States:  Provided,  That  in  no  case 
shall  a  greater  sum  than  six  dollars  j)er  day  be  allowed  for  the  service  of  any  wagon 
and  team  engaged  in  said  transportation. 

Sec.  9.  That  this  act  shall  take  effect  from  and  after  its  passage. 

Approved,  January  14th,  1856. 

Department  op  State, 
state  op  texas. 

I,  0.  K.  Shannon,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
the  attached  and  foregoing  is  a  true  copy  of  Chapter  XX  of  an  act  entitled  "An  act 
to  provide  for  the  payment  of  six  companies  of  mounted  volunteers  that  were  mus- 
tered into  the  service  of  the  State  of  Texas  on  the  1st  day  of  .November,  A.  D.  1854, 
under  a  requisition  of  Bvt.  Maj.  Gen.  Persifor  F.  Smith,  and  to  pay  the  expenses 
incurred  by  said  companies,"  as  same  appears  on  page  15  of  the  General  Laws  of  the 
Sixth  Legislature,  now  on  file  in  this  office. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to  be 
impressed  hereon  the  seal  of  State,  at  my  office,  in  the  city  of  Austin,  Tex.,  this  the 
Cth  day  of  January,  A.  D.  1906. 

[seal.]  0.  K.  Shannon,  Secretary  of  State. 

[Chapter  CXLVIII.] 

AN  ACT  Providing  for  the  payment  of  the  companies  of  mounted  volunteers  commanded  by  Captains 
William  Tom,  jr.,  Levi  Inglish,  and  William  G.  Tobin,  organized  for  the  temporary  protection  of  the 
western  frontier  of  Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  sum  of  one 
thousand  seven  hundred  and  two  dollars  and  sixty-fom-  cente  be,  and  the  same  ie 
hereby,  appropriated  for  the  payment  of  Captain  Tom's  company,  for  one  month,  from 
the  eighteenth  day  of  October,  eighteen  hundred  and  fifty-five,  to  the  eighteenth  day 
of  November,  eighteen  hundred  and  fifty-five,  which  company  consists  of  one  cap- 
tain, one  first  and  one  second  lieutenant,  four  sergeants,  four  corporals,  and  forty-four 
privates. 

And  that  the  sum  of  four  hundred  and  eight  dollars  and  ninety-seven  cents  be  paid 
to  E.  Jones,  chairman  of  the  committee  of  vigilance  of  San  Antonio,  to  reimburse  the 
citizens  of  that  place  for  money  furnished  by  them  to  purchase  supplies  for  said 
company. 

Sec.  2.  That  the  sum  of  one  thousand  four  hundred  and  eighty-three  dollars  and 
thirty-nine  cents  be,  and  the  same  is  hereby,  appropriated  for  the  payment  of  Captain 
Levi  Inglish's  company  for  one  month,  which  is  to  cover  the  whole  time  for  which 
he  claims  in  his  roll,  dating  the  discharge  on  the  thirteenth  of  November,  eighteen 
hundred  and  fifty-five,  which  company  consists  of  one  first  and  one  second  lieutenant, 
tiiree  sergeants,  three  corporals,  and  forty-two  privates,  and  that  the  sum  of  three 
lumdred  and  sixty  dollars  be  paid  to  the  noncommissioned  officers  and  privates  for 
Iheir  forage  and  subsistence. 

Sec.  3.  That  the  sum  of  seven  hundred  and  fifty-five  dollars  and  sixty-seven  cente 
be,  and  the  same  is  hereby,  appropriated  for  the  payment  of  Capt.  W.  G.  Tobin's 
company  for  one  month,  ending  on  the  fifteenth  day  of  November,  eighteen  hundred 
and  fifty-five,  which  company  consists  of  one  second  lieutenant,  two  sergeants,  two 
corporals,  and  twenty-one  privates,  and  that  the  sum  of  one  hundred  and  eighty-seven 
dollars  and  fifty  cents  be  paid  to  the  noncommissioned  officers  and  privates  for  their 
forage  and  subsistence. 

Sec.  4.  That  the  governor  be  authorized  and  required  to  appoint  some  suitable 
person  to  pay  the  companies  of  Captain  Tom,  Captain  English,  and  Captain  Tobin, 


74  CLAIM  OF  THE  STATE  OF  TEXAS. 

as  well  as  the  amount  to  be  paid  E.  Jones,  whose  duty  it  shall  be  to  make  payment 
at  three  places.  One  at  Seguin,  one  at  San  Antonio,  and  one  at  Peter  Tumlinson'e, 
on  the  Atascosa,  at  such  times  as  the  governor  may  direct,  and  that  he  shall  give  due 
notice  of  the  times  and  places  of  payment  by  advertising  in  one  paper  at  San  Antonio 
and  one  paper  at  Seguin  for  twenty  days  before  the  payments  are  to  be  made,  and 
said  payments  to  be  made  to  the  ofhcers,  noncommissioned  officers,  and  privates 
shall  be  made  strictly  in  accordance  with  the  regulations  of  the  pay  department  of 
the  United  States,  and  that  said  paymaster  so  appointed  by  the  governor  shall  be 
required  to  give  bond  for  double  the  amount  of  this  appropriation,  with  security  to 
be  approved  by  the  governor,  for  the  faithful  performance  of  his  duty  under  the  pro- 
visions of  this  act. 

Sec.  5.  That  one  hundred  dollars  be  allowed  and  paid  to  the  paymaster,  provided 
for  in  the  fourth  section  of  this  act,  as  compensation  in  full  for  his  services  in  making 
said  payment,  with  all  other  expenses  and  labors  incident  to  the  same,  in  any  manner 
whatever. 

Sec.  6.  That  the  treasurer  of  this  State  is  hereby  authorized  and  required  to  pay  the 
sum  of  four  thousand  nine  hundred  and  ninety-eight  dollars  and  twenty-seven  cents 
over  to  the  paym.aster  appointed  by  the  governor,  out  of  any  money  in  the  treasury 
not  otherwise  appropriated,  upon  the  presentation  of  the  order  of  the  governor  therefor, 
under  the  seal  of  the  State,  and  that  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  August  30th,  1856. 

Department  op  State, 
state  of  texas. 

I,  O.  K.  Shannon,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
the  attached  and  foregoing  is  a  true  copy  of  Chapter  CXLVIII  of  an  act  entitled  "An 
act  providing  for  the  payment  of  the  companies  of  moiinted  volunteers  commanded 
by  Capts.  William  Tom,  jr.,  Levi  Inglish,  and  William  G.  Tobin,  organized  for  the 
temporary  protection  of  the  western  frontier  of  Texas,"  as  same  appears  on  pages  78 
and  79,  Adjourned  Session  of  the  Sixth  Legislature,  now  on  file  in  this  office. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to  be 
impressed  hereon  the  seal  of  State,  at  my  office  in  the  city  of  Austin,  Tex.,  this  the 
Gth  day  of  January,  A.  D.  1906. 

[seal.]  O.  K.  Shannon,  Secretary  of  State. 

[Chapter  22.] 

AN  ACT  To  provide  for  the  payment  of  a  company  of  mounted  volunteers  called  into  service  by  the 
governor  for  the  protection  of  those  engaged  in  transporting  goods  and  merchandise  over  the  road  from 
San  Antonio  to  the  Gulf. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  sum  of  six- 
teen thousand  dollar8,'or  so  much  thereof  as  may  be  necessary,  be,  and  the  same  is 
hereby,  appropriated  for  the  payment  of  the  mounted  volunteer  company,  under 
the  command  of  Captain  G.  H.  Nelson,  which  was  called  into  service  by  the  gov- 
ernor for  the  protection  of  the  lives  and  property  of  those  engaged  in  transporting 
"  goods  and  merchandise  over  the  road  from  San  Antonio  to  the  Gulf,  and  for  the  pay- 
ment of  the  surgeon  of  said  company,  and  for  the  payment  of  the  camp  equipage, 
transportation,  hospital  stores,  horseshoeing,  ammunition,  subsistence,  and  forage, 
mileage  of  the  members  of  said  company,  and  the  expenses  of  the  commissioned  offi- 
cers in  enrolling  said  company. 

Sec.  2.  That  all  the  above  items,  except  the  services  of  the  company,  shall  be  paid 
at  the  State  treasury,  upon  the  certificate  of  the  captain  of  the  company,  approved 
by  the  governor. 

Sec.  3.  That  the  payment  for  the  services  of  the  company  shall  be  made  in  accord- 
ance with  the  muster  roll  and  the  certificate  of  the  commanding  officer  as  to  the  term 
of  service,  which  shall  be  done  by  a  paymaster,  to  be  appointed  by  the  governor, 
who  shall  make  such  payment  at  the  city  of  San  Antonio,  according  to  the  rates 
allowed  by  the  LTnited  States  to  volunteer  mounted  militia  when  called  into  their 
service. 

Sec.  4.  That  the  said  paymaster  shall  receive  for  his  services  the  sum  of  one  hun- 
dred dollars,  to  be  paid  out  of  any  money  in  the  treasury  not  otherwise  appropriated, 
and  before  entering  upon  his  duties  he  shall  enter  into  a  bond  with  two  or  more 
securities,  to  be  approved  by  the  governor,  and  in  such  sum  as  he  shall  direct,  con- 
ditioned for  the  faithful  performance  of  his  duty. 


CLAIM  or  THE  STATE  OF  TEXAS.  75 

Sec.  5.  That  the  governor  bo,  and  he  is  hereby,  authorized  to  retain  said  company 
ill  the  service  of  the  State  for  such  longer  time  as  he  Bhall  deem  necessary,  to  preserve 
good  order  between  the  coast  and  San  Antonio. 

Sec.  6.  That  this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  14th  December,  1857. 

Department  op  State, 
state  of  texas. 

I,  0.  K.  Shannon,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
rhe  attached  and  foregoing  is  f  true  copy  of  chapter  22  of  an  act  entitled  ''An  act  to 
provide  for  the  payment  of  a  company  of  mounted  vounteers  called  into  service  by 
the  governor  for  the  protection  of  those  engaged  in  transporting  goods  and  merchan- 
dise over  the  road  from  San  Antonio  to  the  Gulf,"  as  same  appears  on  page  18  of  the 
general  laws  of  the  seventh  legislature,  now  on  file  in  this  office. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to  be 
impressed  hereon  the  seal  of  State  at  mv  oflSee  in  the  city  of  Austin,  Tex.,  this  the 
^  6th  day  of  January,  A.  D.  1906. 

[seal.]  O.  K.  Shannon,  Secretary  of  State. 

[Chapter  2.] 

JOINT  RESOLUTION  Authorizing  the  governor  to  raise  and  muster  into  the  service  of  the  State 
mounted  men  for  the  protection  of  the  frontier. 

Whereas  many  of  our  fellow-citizens  are  suffering  in  life  and  property  from  the 
depredations  of  hostile  bands  of  Indians  on  the  extreme  frontiers  of  the  State;  and 

Whereas  the  limited  number  of  mounted  Federal  troops  at  present  stationed  on 
our  borders  are  inadequate  to  afford  protection:  Therefore 

Be  it  resolved  by  the  Legislature  of  the  State  of  Texas,  That  the  governor  be,  and  he  is 
hereby,  authorized  to  order  out  mounted  volunteers,  not  to  exceed  one  hundred  in 
number,  to  be  divided  into  two  or  more  companies,  as  he  may  think  proper,  to  be 
armed  and  equipped  as  he  may  direct,  and  placed  upon  such  portions  of  the  frontier 
a;5  he  may  consider  best  for  the  interests  of  the  country;  said  company  or  companies 
to  be  mustered  into  the  service  for  the  term  of  three  months,  and  as  much  longer  as 
tlie  governor  may  think  necessary.  ^ 

Be  it  further  resolved,  That  the  sum  of  twenty  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  be  appropriated,  out  of  any  m.oney  in  the  treasiu-y  not  other- 
wise appropriated,  to  defray  the  expenses  of  said  company  or  companies,  and  that 
the  pay  and  allowances  of  the  troops  so  called  into  service  shall  not  exceed  that 
allowed  to  mounted  volunteers  during  the  Mexican  War;  and  that  these  resolutions 
take  effect  from  theh  passage. 
'■  ~  Approved  November  17,  1857. 

Department  of  State. 

state  op  texas. 

I,  O.  K.  Shannon,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
the  attached  and  foregoing  is  a  true  copy  of  chapter  2  of  an  act  entitled  "Joint  reso- 
lution authorizing  the  governor  to  I'aise  and  muster  into  the  service  of  the  State 
moimted  men  for  the  protection  of  the  frontier,"  as  same  appears  on  page  266  of  the 
General  Laws  of  the  Seventh  Legislatm-e,  now  on  file  in  this  office. 

In  testimony  whereof,  I  have  hereunto  signed  my  name  officially  and  caused  to 
1)0  impressed  hereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex.,  this 
the  6th  day  of  January,  A.  D.  1906. 

[seal.]  '  O.  K.  Shannon,  Secretary  of  State. 

[Chapter  65.] 

AN  ACT  For  the  better  protection  of  the  frontier. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  governor  is 
hereby  authorized  and  required  to  call  into  service  one  hundred  mounted  vohmteers, 
in  addition  to  the  force  now  in  service,  for  the  term  of  six  months,  unless  sooner  dis- 
rliarged,  and  all  said  force  may  be  continued  in  service  for  any  length  of  time  if  the 
safety  of  the  frontier  require  it. 


76  CLAIM  OF  THE  STATE  OF  TEXAS. 

Sec.  2.  Tliat  the  governor  may  appoint  a  person  experienced  in  such  service,  vrith 
the  rank  of  senior  captain,  to  command  all  the  forces  of  the  State  so  enrolled  and 
superintend  the  protection  of  the  frontier. 

Sec.  '6.  That  the  governor  shall  direct  the  organization  and  equipment  of  all  the 
forces  on  the  frontier  and  make  such  regulations  as  are  necessary  and  most  expe- 
dient for  the  protection  of  the  frontier,  and  the  officers  and  men  shall  be  allowed 
such  pay  and  emoluments  as  mounted  men  are  allowed  in  like  service  of  the  United 
States;  and  he  shall  also  be  authorized  to  appoint  a  person  to  act  as  quartermaster 
and  paymaster  to  facilitate  operations,  who  shall  give  sufficient  bonds  and  security, 
to  be  approved  by  the  governor. 

Sec.  4.  That  the  volunteers  raised  in  Bosque  County  since  first  of  January,  1858, 
may  be  accepted  as  a  portion  of  the  force  to  be  raised  by  this  act,  and  allowed  pay 
from  the  date  at  which  they  entered  service. 

Sec.  5.  That  whenever  an  efficient  force  shall  be  placed  on  the  frontier  by  the 
Government  of  the  United  States  all  the  men  raised  by  the  State  shall  be  discharged. 

Sec.  6.  That  in  the  event  of  a  contiunation  of  hostilities  by  the  Indians  and  the 
failure  of  the  Federal  Government  to  protect  the  frontier  the  governor  is  authorized 
to  call  out  any  number  of  men  and  to  carry  on  active  and  offensive  operations  against 
all  Indians  at  war. 

Sec.  7.  That  the  sum  of  seventy  thousand  dollars  is  hereby  appropriated,  out  of 
any  money  in  the  treasury,  to  carry  out  the  provisions  of  this  act,  and  that  this  act 
take  effect  from  and  after  its  passage. 

Approved  January  27,  1858. 

Department  of  State, 
state  of  texas. 

I,  0.  K.  Shannon,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
the  attached  and  foregoing  is  a  true  copy  of  chapter  65  of  an  act  entitled  "An  act  for 
the  better  protection  of  the  frontier,"  as  same  appears  on  page  77  of  the  General  Laws 
of  the  Seventh  Legislature,  now  on  file  in  this  office. 

In  testimony  whereof,  I  have  hereunto  signed  my  name  officially  and  caused  to  be 
impressed  hereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex.,  this  the 
6th  day  of  January,  A.  D.  1906. 

[seal.]  O.  K.  Shannon,  Secretary  of  State. 

[Chapter  19.] 

AN  ACT  To  provide  for  the  pay  and  subsistence  of  the  troops  called  out  by  the  governor  of  the  State,  under 
the  command  of  John  S.  Ford,  James  Bourland,  and  John  Henry  Brown;  also  for  the  pay  of  the  com 
missioners  sent  by  the  governor  to  the  Indians. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texan,  That  the  sum  of  sixty 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby  appropriated, 
out  of  any  monies  in  the  treasury  not  otherwise  appropriated,  for  the  payment  and 
subsistence  of  the  men  called  out  by  the  governor  of  the  State  for  the  protection  of 
the  frontier,  under  the  command  of  John  S.  Ford,  James  Bourland,  and  John  Henry 
Brown,  likewise  for  the  pay  of  the  peace  commissioners  sent  out  by  the  governor  in 
1859,  at  the  rate  of  five  dollars  per  day  each,  together  with  all  necessary  expenses  by 
them  incurred. 

Sec.  2.  That  the  comptroller  be  authorized  and  required  to  settle  all  well-authen- 
ticated accounts  for  supplies  furnished  said  companies  by  their  captains  or  any  per- 
sons by  them  employed  to  furnish  supplies  to  their  respective  commands:  Provided, 
the  comptroller  shall  have  full  authority,  and  is  hereby  required,  under  this  act,  to 
examine  the  accounts  for  subsistence  and  forage  and  allow  only  such  as  are  fully 
authenticated  by  proper  vouchers,  and  to  reduce  extravagant  charges  to  a  reason- 
able amount. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  12th  January,  1860. 

Department  of  State. 

state   of  TEXAS. 

I,  0.  K.  Shannon,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that  jg 
the  attached  and  foregoing  is  a  true  copy  of  chapter  19  of  an  act  entitled  "An  act  toll 
provide  for  the  pay  and  subsistence  of  the  troops  called  out  by  the  governor  of  the  ill 
State,  under  the  command  of  John  S.  Ford,  James  Bourland,  and  John  Henry  Brown; 


I 


CLAIM  OF  THE  STATE  OF  TEXAS.  77 

j  also  for  the  pay  of  the  commissioners  sent  by  the  governor  to  the  Indians,"  as  same 
'  appears  on  page  20  of  the  General  Laws  of  the  Eighth  Legislature  now  on  file  in  this 
office. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to  be 
impressed  hereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex.,  this  the 
6th  day  of  January,  A.  D.  1906. 
[seal.]  0.  K.  SuANNON,  Secretary  of  State. 

[Chapter  49.] 

AN  ACT  To  appropriate  the  sum  of  four  thousand  dollars  in  addition  to  the  sixty  thousand  dollars  for 
the  support  of  the  ranging  companies  commanded  by  Capts.  John  S.  Ford,  John  Henry  Brown,  and 
James  Bourland. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  sum  of  four 
thousand  dollars  be  appropriated,  in  addition  to  the  sixty  thousand  dollars  appropri- 
ated January  12,  1860,  for  the  suj^port  of  the  ranging  companies  commanded  by  ('a p- 
i  tains  Ford,  Brown,  and  Bourland,  and  that  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved,  February  8,  1860. 

Department  of  State, 
state  of  texas. 

,  I,  0.  K.  Shannon,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
the  attached  and  foregoing  is  a  true  copy  of  chapter  49  of  an  act  entitled  "An  act  to 

'  appropriate  the  simi  of  four  thousand  dollars  in  addition  to  the  sixty  thousand  dol- 
lars for  the  support  of  the  ranging  companies  commanded  by  Capts.  John  S.  Ford, 
John  Henry  Brown,  and  James  Bourland,"  as  same  appears  on  page  59  of  the  General 
Laws  of  the  Eighth  Legislature,  now  on  file  in  this  office. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to  be 
impressed  hereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex.,  this  the  6th 
day  of  January,  A.  D.  1906. 
[seal.]  0.  K.  Shannon,  Secretary  of  State. 

[Chapter  20.] 

AN  ACT  Appropriating  ten  thousand  dollars,  or  so  much  thereof  as  may  be  necessary  to  pay  the  expenses 
incurred  by  Capt.  Tobin's  company. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  sum  of  ten 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  of  any  unappropriated 
funds  now  in  the  State  treasury,  be,  and  the  same  is  hereby,  appropriated  to  pay  the 
expenses  incurred  by  Capt.  Tobin's  command,  called  into  service  by  order  of  the 
governor;  and  the  comptroller  shall  have  full  authority,  and  is  hereby  required, 
under  this  act,  to  examine  the  accounts  and  claims  for  said  expenses  and  allow  only 
such  as  are  fully  authorized  and  authenticated  by  proper  vouchers,  and  to  reduce 
extravagant  charges  to  a  reasonable  amount,  and  only  allow  for  the  necessary  expenses 
incurred,  at  reasonable  prices,  whether  they  were  incurred  under  express  contract 
or  otherwise;  and  proAdded  that  no  claim  shall  be  allowed  for  firearms  furnished  said 
company. 

Sec.  2.  That  this  act  take  effect  from  and  after  its  passage. 

Approved  January  12th,  1860. 

Depaetment  of  State, 

state   of  TEXAS. 

I,  O.  K.  Shannon,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
I  the  attached  and  foregoing  is  a  true  copy  of  chapter  20  of  an  act  entitled  "An  act 
ippropriating  ten  thousand  dollars,  or  so  much  thereof  as  may  be  necessary  to  pay 
the  expenses  incurred  by  Captain  Tobin's  company,"  as  same  appears  on  page  21  of 
the  general  laws  of  the  eighth  legislature,  now  on  file  in  this  office. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to  be 
impressed  hereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex.,  this  the 
3th  day  of  January,  A.  D.  1906. 

[seal.]  O.  K.  Shannon,  Secretary  of  State. 


78  CLAIM    OF   THE   STATE   OF   TEXAS.  1 

[Chapter  43.] 
AN  ACT  Making  appropriations  for  the  protection  of  the  frontier. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  sum  of  three 
hundred  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  out  of  any  money 
in  the  treasury  not  otherwise  appropriated,  be,  and  the  same  is  hereby,  appropriated 
for  the  pay  and  subsistence  of  the  force  which  has  been  or  may  be  called  into  the 
service  by  the  governor  for  the  protection  of  the  frontier:  Provided,  That  only  so 
much  of  said  appropriation  shall  be  drawn  from  the  treasury  from  time  to  time  as 
can  be  so  drawn  without  leaving  a  deficit  in  the  amount  required  of  the  current  reve- 
nue from  time  to  time  to  pay  the  ordinary  current  expenses  of  the  government. 

Sec.  2.  That  in  case  the  governor  shall  find  that  there  is  not  money  enough  in  the 
treasury  to  meet  the  foregoing  appropriation  fully  as  the  same  may  be  needed  from 
time  to  time,  or  that  the  amount  of  said  appropriation  is  not  sufficient  to  carry  out 
the  provisions  of  the  act  for  the  protection  of  the  frontier,  then  in  either  event  he 
shall  cause  only  such  payments  to  be  made  in  cash  as  can  not  be  contracted  for  other- 
wise; and  whenever  payments  are  to  be  made  upon  contracts  or  for  services  under 
said  act  which  are  not  necessary  cash  demands  such  payments  shall  be  made  pro 
rata.  It  is  provided,  however,  that  the  indebtedness  created  under  this  section 
shall  at  no  time  exceed  the  sum  of  two  hundred  thousand  dollars.  The  comptroller 
of  public  accounts  shall,  under  the  special  direction  of  the  governor,  audit  and  adjust 
all  claims  and  accounts  created  under  the  provisions  of  this  section  and  certify  such 
adjustment  to  the  party  interested,  and  such  accounts  shall  be  paid  as  may  hereafter 
be  provided  by  law. 

Sec.  3.  That  this  act  shall  take  effect  from  and  after  its  passage. 

Approved  February  3,  1860. 

Department  of  State, 
state  of  texas. 

I,  O.  K.  Shannon,  secretary  of  state  of  the  State  of  Texa"?,  do  hereby  certify  that 
the  attached  and  foregoing  is  a  true  copy  of  chapter  43  of  an  act  entitled  "An  act 
making  appropriations  for  the  protection  of  the  frontier,"  as  same  appears  on  page 
38  of  the  general  laws  of  the  eighth  legislature,  now  on  file  in  this  office. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to  bo 
impressed  hereon  the  seal  of  State,  at  my  oiuce  in  the  city  of  Austin,  Tex.,  this  tlie 
6th  day  of  January,  A.  D.  1906. 

[seal.]  0.  K.  Shannon,  Secretary  of  State. 

[Chapter  71.] 
AN  ACT  To  provide  for  the  payment  of  supplies  fiirnishe :i  to  Capt.  John  Williams's  company  of  rangers. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  sum  of  seven 
thousand  five  hundred  dollars  is  hereby  appropriated  to  pay  for  the  necessary  sup- 
plies furnished  to  Capt.  John  Williams's  company  of  rangers. 

Sec.  2.  The  comptroller  of  public  accounts  shall  examine  and  adjust  the  vouchers 
of  Capt.  Williams  and  other  parties  having  furnished  articles  to  said  company,  and 
before  paying  the  same  shall  be  satisfied  that  such  articles  were  necessary  and  were 
furnished  at  reasonable  prices  and  consumed  by  the  men  entirely  in  the  field:  Pro- 
vided, That  the  amounts  for  which  Capt.  Williams  or  his  lieutenants  have  made 
themselves  individually  liable  shall  bo  paid  first:  And  provided  further.  That  no 
money  shall  be  paid  under  the  provisions  of  this  act  unless  proof  is  first  made  to  the 
satisfaction  of  the  comptroller  that  the  supplies  were  furnished  to  Capt.  Williams 
while  acting  under  the  lawful  authority  or  consent  of  the  governor  and  duly  commis- 
sioned by  him  or  was  lawfully  in  the  service  of  the  State  at  time  the  supplies  were 
furnished. 

Sec.  3.  That  this  act  take  effect  from  and  after  its  passage. 
'^  Approved  11th  February,  1860. 


CLAIM    OF   THE   STATE   OF   TEXAS.  79 

Department  op  State, 
state  of  texas. 

I,  O.  K.  Shannon,  secretary  of  state  of  the  State  of  Texa",  do  hereby  certify  that 
the  attached  and  foregoing  is  a  true  copy  of  chapter  71  of  an  act  entitled  "An  act  to 
provide  for  the  payment  of  supplies  furnished  to  ('apt.  John  Williams's  company  of 
rangers,"  as  same  appears  on  page  86  of  the  general  laws  of  the  eighth  legislature, 
now  on  file  in  this  ofhce. 

In  testimony  whereof  I  have  hereunto  signed  my  name  ofBcially  and  caused  to  be 
impressed  hereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex  this  the 
6th  day  of  January,  A.  D.  1906. 

[seal.]  O.  K.  Shannon,  Secretary  of  State. 


\  For  pay  for  the  service  and  subsistence  of  troops  received  into  the  service  of 
'       the  State  on  the  Rio  Grande  in  the  late  Cortina  war,  or  so  much  thereof 

as  may  be  necessary $40,  000 

Department  of  State. 

state  of  texas. 

I,  O.  K.  Shannon,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
I  the  attached  and  foregoing  is  a  true  copy  of  a  portion  of  section  1  of  chapter  81  of  an 
I  act  entitled  "An  act  making  appropriations  to  supply  the  deficiency  in  former  appro- 
priations, and  for  other  purposes,"  as  same  appears  on  page  115  of  the  general  laws 
of  the  eighth  legislature,  now  on  file  in  this  oliice. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to  be 
inipre.-!sed  hereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex.,  this  the 
6th  day  of  January,  A.  D.  1906. 
[seal.]  O.  K.  Shannon,  Secretary  of  State. 


There  has  also  been  submitted  to  the  War  Department,  at  the  hands  of  the  State 
adjutant  general,  the  original  ledger  of  the  comptroller  of  the  State  of  Texas,  purporting 
to  contain  the  statements  of  the  accounts  in  connection  with  the  State  appropriations 
on  account  of  the  troops  concerned  in  this  claim.  As  the  State  comptroller  was  the 
official  charged  with  drawing  and  issuing  warrants  on  the  State  treasury,  his  accounts 
are  believed  to  be  the  best  record  now  obtainable  of  payments  on  account  of  the  State 
appropriations  in  question.     Duly  authenticated  copies  of  these  accounts  follow: 

united  states  of  america. 

War  Department, 
Washington,  January  26,  1006. 
I  hereby  certify  that  the  statements  of  accounts  (Exhibits  A  to  L)  hereto  attached 
are  true  and  correct  copies  of  those  accounts  as  they  appear  in  the  original  ledger  of 
the  comptroller  of  the  State  of  Texas  purporting  to  contain  the  accounts  of  State 
appropriations  made  between  January  5,  1854,  and  August  31,  1861,  which  ledger 
was  submitted  to  me  in  person  by  the  adjutant  general  of  the  State  of  Texas. 

F.  C.  AiNSWORTH, 

Major  General,  U.  S.  Army,  The  Military  Secretary. 

Be  it  known  that  F.  C.  Ainsworth,  who  signed  the  foregoing  certificate,  is  The 
Military  Secretary  of  the  Army  and  that  to  his  attestation  as  such  fuW  faith  and  credit 
are  and  ought  to  be  given. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the  War 
Department  to  be  afiixed  on  this  26th  day  of  January,  1906. 

[seal.]  Wm.  H.  Taft,  Secretary  of  War. 


80 


CLAIM   OF   THE    STATE   OF    TEXAS. 


Exhibit  A. 

[2  K,  page  153.] 
Paying  volunteers  unckr  Capts.  Callahan,  Benlon,  and  Henry. 


Dr. 

1S56. 


Jan.   4.  John  D.  Pitts 8774..  $16,091.12 


Cr. 

By  appropriation $16, 091. 12 


1858. 


Mar.    1.  By  deposit,  warrant  No.  3329.  520. 11 

[3  K,  page  153.] 
Pay  of  mileage,  subsistence,  and  volunteers  under  Capts.  Callahan,  Benton,  and  Henry. 


1856. 
Jan.   5.  John  D.  Pitts 8775..    $5,755.22 


By  appropriation $5, 755. 22 


18,58. 


Mar.    1.  By  deposit,  warrant  No.  3329 
(in  part) 


4.62 


Exhibit  B. 

[10  K,  page  158.] 
Balance  due  on  ac.  of  contract  for  expenses  6  companies  vol.  called  out  by  Smith. 


Dr. 

1856. 

Feb.    2. 

6. 

7. 

7. 

7. 

7. 

9. 

12. 

12. 

12. 

12. 

12. 

12. 

Mar.    1. 

3. 

3. 

5. 

14. 

27. 

Apr.    1. 

1. 

10. 

May    7. 

19. 

June  4. 

Mar.   5. 

July.  2. 

5. 

8. 

11. 

Aug.   6. 

Sept.  3. 

1857. 
Mar.  14. 
Apr.  1. 
28. 
June  3. 
Sept.21. 


R.  T.  Hedgcox 8443. .  $144. 00 

J.  S.  Boggess 8898..  180.00 

Lott  &  Steele 8913 . .  75. 00 

J.  B.  Stephenson 8914i.  45.62 

John  T wohig 8915  3 .  207. 00 

T.  H.  Tumey 8917..  32.00 

W.  W.  Payne 8928..  38.00 

Evans  &  Alsbury 8945 . .  497. 70 

Mercer  Fain 8946. .  348. 00 

Do 8947..  36.00 

L.  R.  Reynolds 8948..  121.42 

Samuel  Stone 8952. .  316. 00 

E.  Krauskopp 8955..  86.25 

Silas  Baggett 9012. .  49. 25 

E.  H.  Herrington 9031..  54.75 

B.  D.  Arnold 9032. .  6. 00 

S.  P.  Ross 9046. .  59. 30 

J.  D.  Blair 9058..  67.12 

M.  D.Taylor 9095..  60.00 

S.  A.  Glasscock 9108..  38.00 

J.  M.  Litton 9110..  96.00 

Jane  Robertson 9161 . .  24. 00 

M.  T.  Johnson 9214..  547.56 

Walter  Ferrel 9233. .  47. 50 

Simeon  MLxson 9263..  77.25 

E.  Linkinhoger 9047 . .  64. 37 

Saml.  Stone 9328..  75.00 

FeUx  McKittrick 9346. .  44. 87 

M.  L.  Durham 9373..  161.52 

D.  M.  Fields 9388..  63.00 

M.  I.  Brenson,  p.  ass 9479. .  154. 00 

G.  W.  Sevier,  p.  atty 9612. .  78.00 

J.  G.  Swisher 10261..  28.20 

W..B.  Fleming,  p.  atty...  10297..  30.00 

Robt.  Augustine,  p.  atty.  .10379. .  30. 00 

Jno.  S.  Blair,  p.  atty 10.504..  18.75 

Orange  Wright 10859..  25.00 

Balance 1,973.57 


6, 000. 00 


1856. 
Jan.  14.  By  appropriation. 


Or. 
$6,000.00 


1857. 
Nov.  1.  By  balance. 


6, 000. 00 


1,973.57 


CLAIM  OF  THE  STATE  OF  TEXAS. 


81 


[11  K,  page  159.] 
Pay  of  6  companies  of  volunteers  called  out  by  P.  S.  Smith. 


Dr. 

1856. 
Feb.   5. 

(i. 
t). 

20. 

22. 
Mar.  22! 

22. 
Apr.  10. 
Mav  6. 
July  25. 
Aug.  14. 

21. 

27. 

29. 

.30. 
Sppl.  8. 

11. 

11. 

n. 
11. 
11. 
12. 

19. 
23. 
26. 

2. 

3. 

Nov.  11. 
29. 

29. 
Dec.    1. 

13. 

20. 
1S57. 
Jan.   1,5. 

15. 

Feb.    2. 

6. 

17. 

18. 
Mar.    4. 

25. 
Apr.  17. 
May  13. 

16. 
June  9. 
July    6. 


Oct. 


J.  M.  Throckmorton 8886..  $7,681.20 

Do 8890..  50.00 

Jiles  S.  Boegess 8899..  15,114.00 

James  S.  Gillett 8976..  50.00 

John  S.  Ford 8981 . .  50. 00 

A.  M.  M.  Upshaw 9083..  50.00 

Do 9086..  5.981.56 

John  D.  Pitts 9164..  7,280.27 

John  Work 9210. .  300. 00 

F.  M.  Dougherty 9138. .  90. 00 

J.  W.  Throckmorton 9500. .  15. 00 

Ford  &  Jones,  p.  ass 9521 . .  4. 50 

A.  M.  Upshaw 9553. .  299. 08 

J.  W.  Throckmorton 9558. .  386. 56 

Jas.  R.  Arnold,  p.  as.s 9560..  50.00 

E.  Woldert.p.  Fain  atty..9627..  51.40 

Thos.  M.  Likens 9645..  50.00 

O.  B.  Wade 9646..  250.00 

Andw.  J.  Miller 9647..  50.00 

<;ilesS.  Boggess 964S..  755.70 

Leander  P.  Lvons 9649..  77.10 

Jas.  H.  Raymond 9650..  7,527.00 

G.  W.  McKenzie 9666..  51.40 

Fadladder  Nordlines 9672 . .  80. 50 

E.  P.  Carver 9679..  77.10 

M.  C.  Baird 9716. .  77. 10 

Chas.  Human 9724. .  32. 55 

Geo.  W.  Parks,  p.  ass 9851..  77.10 

Bennett  F.  Henderson,  p. 

ass 9895..  32.55 

E.  S.  Click,  p.  attv 9896..  77.10 

John  Dye,  p.  atty" 9905. .  77. 10 

Adolphus  R.  Mott,  atty .  .9938. .  77. 10 

G.  Yarborough,  p.  atty . .  .9959. .  77. 10 

E.  S.  Close 1009S..  77.10 

Andw.  B.  Eccles 10099..  77.10 

Saml.  I.  McEh-ath 10137..  77.10 

Thos.  A.  Evans 10149..  32.55 

Thornton  M.  Petty ,  p.  ass.  10187. .  77. 10 

T.  M.  Burk 10190..  77.10 

Wm.  Casev,  p.  attv 10226..  77.10 

M.  A.  Williams,  attv.... 10281..  77.10 

Pleasant  Wright...." 10369..  55.40 

W.  C.  Pollock 10424. .  77. 10 

C.  H.  Morell,  p.  atty 10426..  77.10 

Thorn.  E.  Davenport. . . .  10530. .  51. 40 

Do 10628..  25.70 

To  folio  202 47,765.02 


1856. 
Jan.  14.  By  appropriation 

Aug.  20.  Bv  A.   U.   M.   Upshaw, 

D.  W .S044. 

Sept. 10.  By  G.  S.  Boggcss,  D.  W..3057. 
Oct.  16.  By  G.  S.  Bogge.ss,  D.  W.3004. 


Cr. 

$55,000.00 

990.  68 

1,105.70 

59.10 


TofoHo202 ?57,155.43 


[Page  202.] 


1857.    To  amoont  from  folio  159 

July  22.  Jno.  V.  James  p.  atty...  10795. 

23.  Saml. A.Terrell,  p.attv . .  19711 . 

Oct.  30.  Larkin  Gilbert,  p.  atty.  19968. 

Balance 


$47, 765.  G2 

77.19 

32.55 

77.18 

9,  .873. 98 

57,825.75 


1857. 

Dec.  10.  E.  B.  Wade 11139..  16.20 

1858. 

Jan.  28.  C.  E.Aiken 11354..  77.10 

30.  J.  D.  Pitts 11361..  364.01 

Mar.    4.  Joseph  Vance,  p.  atty . -ll'^-'o..  15.70 

May  10.  Jas.  H.  Raymond 120S4..  376.35 

Aug.31.  Balance 9,024.62 


81^873.98 


Oct.  22.  J.  B.  T.  McCartney 12786. 

1859. 

Apr.  25.  N.  W.  Ray,  p.  ass 13491. 

Balance 


95.50 


36.00 
8, 893. 12 


9, 024. 62 


1857.     By  amount  from  folio  159 S57, 155. 48 

July  21.  Amoimt  refunded  by  J.  H. 
Raymond,  paymaster,  Capt. 
Travis's  co 670. 27 


57,825.75 


1857. 
Nov.  1.  Bybalance 9,873. 


9, 873. 98 


1858. 
Aug.31.  Bybalance 9,024.62 


9,024.62 


1859. 
Aug.31.  Bybalance 8.893.12 


H.  Doc.  551.  62-2 6 


82 


CLAIM   OF   THE   STATE   OF   TEXAS, 


Exhibit  C. 

[90  L,  page  326.] 
Pay  of  Capt.  Tom's  company  Mo't'd  Volunteers  to  protect  western  frontier. 


Dr. 

1857. 
July  30.  James  H.   Raymond,  paymas- 
ter  10730. .  $1, 469. 02 

Balance 233. 62 


1858. 
May  14.  Geo.  Lee. 
Aug. 31.  Balance., 


.12163. 


1,702.64 


25.70 
207.92 


233.62 


Ce. 


1856. 


Aug.  30.  By  appropriation $1,702.64 


18.57. 
Nov.  1.  By  balance. 


1858. 
Aug.  31.  By  balance. 


1,702.64 


233.62 


207. 92 


[91  L,  page  320.] 
Pay  of  Capt.  Levi  English's  co.  Mo.  Volunteers  to  protect  western  frontier. 


1857. 


July  30.  Jas.    H.    Raymond,    paymas- 
ter  10731. .  $1,598. 86 

Sept.  14.  Richd.  Ratlifle 10842. .         33. 20 

Balance 211.33 


1,843.39 


1858. 

Jan.    11.  Evan  Comer 11290..  33.20 

Apr.   13.  Jno.  Taylor 12017. .  33. 20 

June  14.  E.  O'Brion,  p.  atty 12222..  33.20 

14.  Chas.  Richards, p. atty..  12223..  33.20 

Aug.  31.  Balance 78.53 


211.33 


1856. 
Aug.  30.  By  appropriation. $1,843.39 


1857. 
Nov.    1.  By  balance. 


1858. 
Aug.  31.  By  balance «. 


1,843.39 


211.33 


78.53 


[92  L,  page  321,] 
Pay  of  Capt.  W.  G.  Tobin's  co.  Mo.  Volunteers  to  protect  western  frontier . 


July  30.  Jas.    H.    Raymond,    paymaster, 

10732 $917.  46 

Balance 25.71 


18.56. 
Aug.  30.  By  appropriation. $943.17 


943. 17 


1857. 
Nov.     1.  By  balance 25.71 


[93  L,  page  321.] 
Pay  of  E.  Jones  for  supplies  furnished  Capt.  Tom's  co.  Mo.  Volunteers. 


July   30.  To  Jas.  H.  Raymond,  paymaster, 
10733 


1856. 
Aug.  30.  By  appropriation $408.97 


I 


CLAIM  OF  THE  STATE  OF  TEXAS. 


83 


Exhibit  D. 


[100  L,  paso3'^9.] 


Pay  of  Ca-pt.  G.  E.  Nelson's  co.  Mo.  Vohinlecrs,  pay  of  surgeon,  camp  emdpnge,  trans- 
portation, hospital  stores,  horseshoeing,  (nnmunition,  subsistence,  and  forage,  mikage 
and  expense  of  commissioned  officers  in  enrolling  company. 


Dr. 
1857. 

Dec.    19.  A.  H.  Rhoads 11177..  $7,500.00 

19.            Do 11178..  6,033.50 

19.  G.H.Nelson 11179..  300.00 

21.  Vance  &  Bro.,  p.  ass 11182..  950.40 

18.58. 

Apr.     3.  E.  A.  Stevens,  p.  ass 11979..  150.00 

3.  S.  A.  Jackson,  ass 11980..  l.iO.OO 

Aug.  31.  Balance 91ti.  10 


16,000.00 


Sept.  12.  A.  H.  Rhoads 12615..        100.00 

Balance l ,  34  4. 60 


1,  444. 60 


l>io7 


Cr. 


Dec.    14.  By  appropiialion $16,000.00 


16,000.00 


1858. 

Aug.  31.  By  balance 

Sept.  1.3.  A.H.Rhoads,p.  Dpt.Wt.3541.. 


916.10 
528. 50 


1,444.60 


1859. 
Sept.    1. 


By  balance 1,344.60 


Exhibit  E. 


[2  M,  p.  338.] 
Pay  of  100  volunteers  to  protect  frontier  called  out  by  gov. 


DB. 

1858. 

Jan.    16. 

Feb.     1. 

Mar.  11. 

Apr.     1. 

May     5. 

6. 

26. 

26. 

Aug.     7. 

7. 

31. 


T.  K.  Carmack 11310..  $107.50 

J.  H.  Conner 11370. .  227. 00 

J.  H.  Raymond 11868..  4,046.02 

Do 11970. .  2,863. 25 

J.  S.  Hodges 12068. .  564. 75 

J.  H.  Raymond 12073..  2,717.30 

J.  S.  Horiges 12146..  4.00 

Neill  Robison 12147..  2,384.00 

Thos.  S .  Johnson 12473 . .  24. 00 

Neill  Robison,  assg 12537. .  51. 50 

Balance 7, 010. 68 


20,000.00 


1858. 

Sept.    6.  T.  J.  Edwards,  p.  atty.  .12576. .  7. 41 

6.          Do 12577..  42.59 

Nov.  23.  Jno.  S.  Ford 12935..  5,099.35 

23.          Do 12936..  900.66 

1856. 

Jan.    28.  J.  B.  Miller,  p.  att v 1.3209 . .  24. 00 

28.  F.  M.  Martin,  p.  atty... 13210..  24.00 

Feb.     2.  Jno.  Campbell 13240..  24.00 

Aug.  31.  Balance 888.68 


7,010.68 


1859. 
Nov.  16.  S.  M.  Swenson,  assg 14103..     1,132.38 


1,132.38 


1.857. 
Nov.  17.  By  appropriation. 


Cr; 

$20,000.00 


1858. 
-Vug.  31.  By  balance. 


20,000.00 


7,010.68 


1859. 

Aug.  31.  By  balance 

31.  Amount     refunded     by 
Robison,  paymaster 


243.70 
1,132.38 


84 


CLAIM    OF    THE    STATE    OF    TEXAS. 


Exhibit  F. 

[5  M,  page  341.] 
For  the  better  protection  of  thej'rontier. 


Dr. 
1858. 

Feb.     9.  Ed.  Burleson 11382. .  $25, 000. 00 

Apr.  13.  S.  M.  Swenson 12012..  4,000.00 

July     3.          Do 12308..  2,800.00 

30.          Do 12433..  1,000.00 

30.  E.Burleson 12434..  23,000.00 

Aug.  31.  Balance 14,200.00 

70,000.00 

Sept.  27.  Jno.  Williams 12656..  287.66 

29.  S.  M.  Swenson 12660. .  412. 02 

Oct.     4.  H.  R.  Runnels 12735..  70.00 

12.  D .  C .  Cowan,  assg 12757 . .  833.  73 

13.  J.  H.  Tankersley 12759. .  178.  76 

25.  Jno.  S.  Ford 12801..  10,000.00 

Nov.    2.  G.  W.  Holcinger,  p.  ass .12865. .  61. 83 

5.  E.Burleson 12894..  815.60 

6.  N.  J.  Hall,  p.  ass 12895..  54.29 

6.  J.  M.  Hall,  p.  ass 12896..  54.29 

6.  E.  Harris,  p.  ass 12897..  54.29 

6.  Jno.  S.  Ford 12898..  4,000.00 

24.  AV.  B.  Hamilton 12942..  53.40 

Dec.     I.D.Walsh 12977..  5.00 

20.  Jas.  M.  Peery 13030..  117.15 

1859. 

Mar.  30.  Jo  Walker 13397. .  21. 50 

Apr.   11.  Jno.  Marshall  &  Co 13458..  17.50 

June    7.  H.  R.  Runnels 13602. .  50. 00 

30.  Holzinger  &  Bowles. . . .  13651 . .  95. 00 
Aug.  26.          Do 13840..  64.50 

30.  Finnin  &  Walker 13848. .  28. 50 

Balance 5, 515. 33 

22,790.35 

Sept.  22.  Johns.  Ford 13915..  4,439.84 

Oct.    27.  Robt.  Cotter 14024..  72.80 

Nov.  16.  S.  M.  Swenson 14104 . .  1 ,  002. 69 


5,515.33 


1860. 
Sept.  10.  W.  J.  Gouger 16262.. 


35.60 


1858. 
Jan.    27.  By  appropriation. 


Ck. 

$70,000.00 


70,000.00 

1858. 

Aug.  31.  By  balance 14,200.00 

Nov.    6.  Deposit  wt.  No.  3533  by  Jno.  S. 

Ford 3, 000. 00 

1859. 

Apr.  — .  W.  N.  P.  Marlin 52.50 

Aug.  24.  Transfer  from  132  M 1,874.63 

1858. 
Oct.    — .  Dep.  wt.  3520  refunded  by  Ed. 

Burleson,  A.  Q.  M 3,663.22 


22,790.35 


Aug.  31.  By  balance 5,515.33 


5,51.^33 


By  transfer  to  78  p. 


35.60 


CLAIM   OF   THK   STATE   OP   TEXAS. 


85 


Exhibit  G. 


[8  O,  page  503.] 

Pay  and  subsistence  of  Capts.  Ford's,  Bourland's,  and  Broum's  companies  and  pay  of 

peace  commissioners. 

Dr. 
I860. 
Jan.    17. 
17. 


Feb. 


11. 

13. 

16. 

18. 

20. 

27. 

27. 

27. 

27. 

27. 

27. 

27. 

28. 

28. 
Mar.   19. 

20. 

20. 

29. 
Apr.   17. 

18. 
May  24. 
June    7. 

16. 

16. 

16. 


J.  M.  Stiener 14440. .  $169. 15 

S.  M.  Swenson 14446. .  5, 841.  ,'■.8 

Do 14448..  3,696.37 

Jas.  Duff 14450..  2,277.75 

Geo.  B.  Erath 14451..  137.15 

W.  C.  Young 14458..  4,330.05 

C.  E.  Barnard 14405. .  533. 27 

J.  H.  Brown 144G9..  147.00 

Coke&  Smith 14481..  263.94 

J.  M.  Swesher 14485..  8,911.25 

Do 14486. .  7, 832. 84 

JohnDanly 14493..  160.00 

H.  Bradford 14494..  28.20 

H.  K.  Valentine 14503. .  281.  40 

W.  C.  Young 14510..  767.08 

M.  T.  Johnson 14515..  971.45 

JohnM.  Swisher 14541..  13,009.00 

Do 14556. .  3, 958. 60 

W.  Fitz  Hugh 14568..  88.33 

J.  D.  Newsoin  &  Co. . . .  14585. .  456. 70 

Mullens  <t  Madden 14608. .  48. 50 

Bateman  &  Frey 14655..  162.16 

J.  F.  Bottorf 14671..  18.90 

S.  M.  Swenson 14735..  297.18 

J.  M.  Stephens 14756. .  45. 50 

John  M.  Stephens 14772. .  482. 50 

James  M.  Peery 14803..  1,328.10 

Cloud  &  Bostick 14804..  10.45 

Templeton  &  Lefavor. .  14805 . .  17. 50 

A.  B.  Templeton 14806..  25.50 

Wm.  Bean  &  Co 14807..  47.00 

Bantwell  &  Peery 14808..  42.45 

S.  Hoffman 14809. .  24. 46 

J.  R.  Trulove 14812..  15.00 

Thos.  Richards 14811..  183.77 

A.  C.  Bingham 14912..  877.60 

J.  F.  Owens 14914..  17.50 

A.  Templeton 14915 . .  56. 25 

P.  Witt 14946. .  635. 00 

G.  L.  Scott,  ass 15076. .  35. 25 

Thos.F.McFarland.ass. 15080. .  15. 00 

B.  Toliver,  ass 15247 . .  80. 43 

Wm.  Petterson,  ass. . .  .15364. .  39. 68 

Johns.  Ford 15407..  1,279.80 

Do 15408..  130.10 

Do 15409..  671.73 

Carried  to  folio  576 60,439.42 


1860. 
Jan.    12.  By  appropriation. 
Feb.     8.  Do 


SOO.OOO.OO 
4,000.00 


64,000.00 


[Page  576.] 


1860.     To  amount  from  folio  503 $60,439.42 

June  18.  John  S.  Ford 15417..  60.00 

Aug.  31.  A.    B.    Templeton,    p. 

atty 16224..  26.00 

Balance 3,545.01 


64,065.03 


1860. 


Sept.  24.  Mat  Beasley 1C312. .  25. 60 

Aug.  31.  Balance 3,520.01 

3,545.61 


1860. 
Jan.    — 


1860. 


By  amt.  from  folio  503 $04, 000. 00 

Capt.  Bourlaud,  No.  3974 65. 03 


64,065.03 


•Aug.  31.  By  balance 3,545.61 


3,545.61 


ISOl. 


Aug.  31.  By  balance 3,520.01 


86 


CLAIM    OF   THE   STATE   OF   TEXAS. 


Exhibit  H. 

[9  0,  page  504.] 
Pay  of  necessary  expenses  incurred  by  Capt.  Tobin's  company. 


De. 

1860. 


Jan.    24.  A.  F.  Kercheval 1447S. .  $60. 83 

24.  Rhoads  &  Beats 14479..  101.00 

26.  C.  W.  Howard r4497 . .  7, 761. 32 

Feb.     O.R.King 14587..  570.00 

14.  V.  Roundtree 14688 . .  45. 50 

17.  R.King 14750..  230.00 

Mar.     6.  P.  Jordon 148.53..  712.63 

19.  Sol.  Childress 14905..  267.00 

Balance 251.  72 


10,000.00 


1800. 
Jan.    12.  By  apprepriatioa. 


Cr. 

S10,000.00 


1800. 
Aug.  31.  By  balance. 


10,000.00 
251. 72 


Exhibit  I. 

[13  O,  page  509.] 
Protection  •/  the  frori tier. 


Dr. 

1860. 
Feb.     : 


Mar. 


Jas.  E.  McCord 14555..  $2,000.00 

J.  H.  Robinson 14567..  150.00 

John  MiUer 14577. .  450. 00 

James  Rogers 14589. .  264. 00 

L.  Fellman 14603..  40.00 

J.  M.  Bennet 14604..  54.25 

Baker  &  Smyth 14607. .  218.  81 

Wm.  Pouge 14620..  140.00 

W.V.  Spencer 14621..  200.00 

J.  Vancleve 14641. .  50.  75 

Miner,  Lambert  &  Co. . .  14649. .  ^3. 00 

L.  L.  GUes 14652..  156.00 

Jos.  Inman 14663..  130.00 

Do 14664..  87.50 

R.  P  Tyler...: 14697..  175.00 

Norman  Miller 14710. .  262. 50 

Josiah  Taylor 14718. .  375.  00 

Miner,  Lambert  &  Co. .  .14728. .  27.  00 

J.  M.  W.  HaU 14732..  74.00 

G.  T.  Howard 14745. .  862. 30 

Howard  &  Ogden 14746. .  802. 40 

F.  W.  Tauntelroy 14771 . .  00. 00 

S.  M.  Swenson 14774..  7,000.00 

Baker  &  Smyth 14781. .  242.88 

Nelson  MerreU 14790. .  300. 00 

John  Scott 14792. .  45. 00 

S.  M.  Swenson 14798..  664.53 

David  Hirsch 14834 . .  166. 67 

W.D.Eastland 14835..  16.70 

C.  W.  Keim 14836..  1,146.02 

Thos.  Huddleston 14843 . .  618.  75 

R.  D.  McAnnellv 14844..  807.63 

G.  T.  Howard.." 14855..  675.00 

Taylor  &  Smith 14863..  100.00 

S.  M.  Swenson 14894. .  557. 31 

Do 14895..  17.00 

C.  Schilling 14897..  21.00 

Miner  &  Raven 14903..  19.00 

David  WiUiams 14916..  45.00 

John  Week 14922..  25.00 

D.  D.  Bonner 14929..        150.00 

G.H.Todd 14930..  8.00 

G.  H.  Burditt 14933..  265.00 

J.  M.  Swisher 14940. .  15. 15 

S.  M.  Swenson 14941..  1,099.08 

R.  W.  Vaughan 14942..  75.00 

Carried  over 20, 712. 2^ 


1800. 
Feb.     3.  By  appropriation. 


Ck. 
$300, 000. 00 


300.000.00 


*  So  on  original. 


CLAIM  OF  THE  STATE  OF  TEXAS. 


87 


[Page  510.) 


May 


Dr. 

1860. 

Mar.  31 
Apr.     3, 

4, 

6. 
10, 
10. 
11. 
14. 
IC. 
Iti. 
17. 
17. 
17. 
23. 


*3 

Amts.  brot.  ford $20, 712. 20 

S.  M.  Swenson 14964..  1,005.77 

Sutor  &  Berryman 14987. .  210. 00 

J.  Marshall  &  Co.,  p.  atty.. 

14993 5.00 

N.J.  Hall 1501S  .  210.00 

John  Russell 15040..  262.50 

N.  Miller 15041..  225.00 

W.  Rust 15040  .  4.46 

J.  S.  Gillett 15002. .  80. 00 

Phelps  &  Johnson 15005..  78.05 

Henry  D.Ed  wards ....  15007 . .  52.  50 

S.  M.  Swenson 15072. .  242.  82 

Do 15073..  155.51 

Lavanburg  &  Bro 15075. .  30. 00 

H.  P.  Howard  &  others, 

15094 7,011.97 

S.  M.  Swenson.  15096  .  472.  79 

R.  M.  White,  uss 15101  .  421.00 

White  &  Ship,  ass 15105. .  553.03 

C.  C.  Tucker,  ass 15147..  45.00 

S.  M.  Swenson 15151 . .  417.  41 

A.Y.Lester 15152..  15.00 

W.  W.  Downs&Son,ass.  15154. .  85.  40 

J.  M.  Swisher&Co.,ass..l5150..  18. 15 

J.  M.  W.  Hall 15159..  33.10 

Do 15160..  31.25 

Do 15167..  50.00 

S.  M.  Swenson 15176. .  10, 000. 00 

Ransom  Goins,  ass 15221 . .  60. 00 

Howard  &  Ogden,  ass. .  15222. .  2. 818. 10 

Geo.  T.  Howard,  ass.   .15223..  531.83 
Dup.  warrant,  4029. 

P.  R.  Sharrock,  ass....l5225-.  45.00 

S.  M.  Swenson.  ass 15229..  121.40 

Chas.  W.  Keim 15230. .  175. 00 

Genl.  Sam  Houston...  .15231. .  100.  00 

A.  Y.  Lester,  ass 15234..  20.00 

G.  R.  C.  Todd 15237- .  429.  00 

S.  M.  Swenson,  ass 15244..  133.29 

Baker  &  Smyth 15245..  10.15 

Chas.  W.  Keim 15248. .  2.50.  60 

Do 15251..  22.45 

Miner  &  Raven,  ass 15256. .  6. 00 

Y.  Tate,  ass 15260..  65.00 

S.  M.  Swenson 15267. .  118.  75 

Rice  &  Childress 1527 1 . .  150.  00 

B.F.Eastman 15281.  25.00 

*6 

Carried  to  folio  571 47.507.13 


I860. 
Feb.  8.  By  appro. 


Cb. 

S30, 000. 000 


300. 000. 00 


•  So  on  original. 


88 


CLAIM  OF  THE  STATE  OF  TEXAS. 


June 


Du. 

I860. 

May  31. 
31. 
31. 
31. 
31. 
31. 
31. 
31. 

1. 

1. 

1. 

1. 

1. 

1. 

2. 

2. 

2. 

6. 

9. 
11. 
11. 
11. 

11. 

12. 

15. 
June  28. 

28. 

28. 

28. 

29. 

30. 

July     3. 

3. 

13. 

17. 

27 
Aug.     2. 

24. 

31. 

31. 

July     3. 

3. 

5. 


(Page  571. 


*6 

To  amt.  from  folio  510 $47, 507. 13 

A.  Wirblskie 15289..  18,711.84 

Jas.  G.  Brown 15290..  225.00 

F.  M.  CampbeU 15291..  75.00 

W.  W.  Dunlap 15292..  635.10 

A.Martin 15293..  125.00 

T.  T.  Gammage 15294..  380.00 

J.  H.  Fry 15295..  75.00 

James  Gray 15296..  957.00 

W.  H.  Muson. 15301..  786.00 

James  Gray 15302..  350.00 

C.B.  Combe 15303..  606.75 

Alex.  Wirbiskie 15314. .  938. 90 

J.  R.  Palmer,  per  ass -.15315..  26.00 

Goodlet  &  Jones 15316..  79.23 

M.Sanders 15317..  85.00 

Alex.  Wirbislde 15318 . .  200. 00 

E.F.Calhoun 15320.  28.75 

S.  M.  Swenson 15348. .  7, 249. 54 

W.L.Chalmers 15367..  5.000.00 

J.  P.  Smith 15375. .  425. 50 

Robt.  Pvay 15376..  600.00 

Tumer.Daggett  &  Co., p. 

ass 15377..  3.30.40 

A.  L.  Pace,  p.  ass 15378..  726.75 

J.  M.  Smith,  p.  ass 15390..  403.97 

G.  Morris,  p.  ass 15400.  22.  .50 

S.  M.  Swenson 15461^.  $142.90 

J.H.Mullens 15463..  238.98 

Wash  Hammett 15464..  72.00 

....do 15465..  50.00 

J.  B.Hill,  ass 15468..  5C.0O 

B.  Monroe  &  Bros 15488..  •:,432.75 

Geo.  T.  Howard 15518. .  169. 05 

Howard  &  Ogden 15519. .  12.  50 

Blum  &  Walker 15599..  4.00 

Sawyer,  Risher&  Hall. 16018..  39.75 

F.  v.  D.  Stucken 10065..  762.06 

John  Williams 16089..  42.00 

S.  M.  Swenson 16175. .  SOS.  00 

Martin     Leibman     p. 

atty 16230..  17.25 

Jas.  S.  GUlett 16247..  63.62 

Wm.  Rust 15533..  4.46 

J.  S.  GiUett 15535..  43.00 

C.  Higginson 15543..  45.00 

Balance 208,552.29 


Cr. 

By  amt.  folio  510 $.300. 000. 00 

Aug.  — .  G.  Houston,  D.  W.  No.  4169...  100. 00 


ISGO. 
Aug.  31    By  balance. 


300,100.00 


Carried  to  folio  582. 


*  So  on  original. 


CLAIM  OF  THE  STATE  OF  TEXAS. 


89 


Ds. 

1860. 

Sept.  13.  S.  M.  Swenson 16288..  $1,073.08 

18.          Do 16301..  808.00 

18,         Do 16302..  7,169.61 

22.  J.  A.  Goolet  &  Co 16310. .  488. 37 

28.  J.Walker 16324..  95.78 

Oct.      1.  J.  M.  W.  Hall 1G328..  60.00 

IS.  Sam  Houston 16418. .  50. 00 

Nov.  27.  Wash  Hammitt 16535. .  55.00 

1861. 
Jan.    28.  Transfer    of   public    property 
from  boundary  survey  (see 

p.  567) 1,890.00 

Mar.     5.  Jo.  Walker  from  17117  to  17124.  2,700.00 

Balance 194,172.45 


(Page  582.] 


208,552.29 


1861. 
Mar. 
Apr. 


23.  P.M.Taylor 17199..  100.00 

10.  W.  Fitzhugh 17643..  500.00 

10.          Do 17644..  400.00 

10.          Do 17645..  727.82 

16.  W.  Byrd 17679..  "  .00 

May     l.W. Fitzhugh 17721..  400.00 

1.          Do 17722..  400.00 

1.          Do 17723..  330.00 

7.          Do 17729..  40.80 

7.          Do 17730..  259.37 

7.          Do 17731..  259.37 

7.          Do 17732..  404.62 

June     4.          Do 17771..  135.86 

July    16.          Do 18088..  195.48 

27.          Do 18144..  529.86 

Aug.  14.          Do 18229..  637.76 

14.          Do 18230..  415.98 

31.  Balance 188,435.53 


194, 172. 45 

1862. 
Aug.  31.  Balance 198,368.36 


198,368.36 


To   this   amt.    from    military 

ledger 75, 717.  42 

Aug.  31.  Balance 122,658.94 

198,368.36 


To  this   amt.    transferred    to 
miUtary  ledger 122,856.84 


18(i0. 
Aug.  31. 


By  bal.  from  folio  671. 


Ce. 

»208,652.29 


208,562.29 


1861. 
Mar.  23.  By  balance 194,172.45 


Interest  on  Fitzhugh  warrant 
transferred  to  92  P. 


194, 172. 45 


1861. 
Aug.  31. 
Oct.     9. 


1862. 


Balance 188,436.63 

Deposit  wt.  4502 189. 72 

Deposit  wt.  4578 8,513.00 

Deposit  wt.  4650 929.91 

Deposit  wt.  4662 300. 20 

198,368.36 


Aug.  31.  Balance 198,368.36 


Aug.  31.  Balance 122,650.94 

Dep.  W.  No.  6126 204.90 


90 


CLAIM  OP  THE  STATE  OF  TEXAS. 


Exhibit  K. 

[12*  O,  page  508.] 

Supplies  furnished  Capt.  J.  Williams*  company . 


Dr 

18ti0. 

June 

19. 

Aug. 

2. 

2 

2. 

2. 

2. 

2. 

2. 

2. 

2. 

2. 

2. 

2. 

3. 

17. 

17. 

17. 

17. 

17. 

17. 

27. 

27. 

27. 

27. 

28. 

Sept 

10. 

10. 

10. 

14. 

14. 

14. 

2(i. 

Oct. 

2. 

3. 

5. 

3. 

Nov 

10. 

23. 

Dec. 

19. 

Mar. 

19. 

Aug. 

31. 

$1,029.15 
2,139.90 
121.00 
1,266.00 
27.00 
49.50 
67.20 
63.00 
63.00 
67.20 
67.20 
45.00 
54.00 
234.00 
33.30 
42.20 
54.00 
67.20 
54.00 
54.00 
54.00 
54.00 
50.70 
60.40 
67.20 
1,625.85 

7,500.00 


N.  D.  McMillan,  atty. . .  16275. .  707. 70 

Jas.  Burleson,  atty 16276. .  73. 80 

W.  P.  Pierce 16277..  54.00 

Enoch  Shaw 16289. .  52.  50 

Wilburn  Dawson 16290. .  54. 00 

Sam.  R.  Dawson 16291..  14.70 

Harkey&  Brown 16315..  262.60 

J.  S.  Edes 16357.-  58.20 

Lafayette  Fipps 16365 . .  19. 80 

Wm.  Bean 16380..  54.00 

D.  K.  Williams 1G366..  54.00 

W.  R.  Wright 16499..  36.00 

S.  A.  Quarte 1G530--  54.00 

J.  F.  Cavaness 16623..  54.00 

A.Houston 17172.  31.50 

Balance 45.05 


S.  M.  Swenson 15il8.. 

Williams  &  Cowan 16086^. 

Jno.  Williams 16087 

D.  S.  Hannah 16088 

Jas.  Williams 16092 

J.  B.  Pyatt 16093 

T.  H.  Denson 16094 

F.  M.  Kirkpatrick 16095 

Robt.  Kirkpatrick 16096 

John  Kirkpatrick 16097 

N.  D.  McMillan 16098 

W.  P.  Duncan 16099 

Harvey  Denson 16100 

John  H.  Conner 16102 

Edward  Norfleet 16142 

B.  A.Neighbours 16143 

W.J.  Elliott,  ass 16144 

Robt.  Ragsdale,  ass 16145 

John  Elliott,  ass 16146 

Wm.  &need,ass. 16147 

John  Jackson,  ass 16186 

J.M.Jackson 16187 

Robt.  Jackson,  ass 16188 

E.  L.  Banett 16189 

Jesse  A.  Denson 16196 

Balance 


1,625.85 


1861. 
Sept.  24.  J.  W.  Patty 18366. 


1860. 
Feb.  11.  By  appiopriation. 


Cr. 
$7,500.00 


iwn. 

.\ug.  31.  By  balance. 


7,500.00 


1,625.85 


42.20 


1861. 
Kng.  31.  By  balance. 


1,625.85 


45.05 


CLAIM  OF  THE  STATE  OF  TEXAS. 


91 


Exhibit  L. 

m  O,  page  504.] 

Pay  and  subsistence  of  troops  on  Rio  Grande. 


DR. 
I860. 

Feb.  17.  J.  P.  Kelly 14753..  $1,083.30 

20.  S.  M.  Swenson 14765. .  79. 80 

21.  J\  T.  Daffan 14782..  10.00 

21.  C.W.  Whites 14786..  200.00 

^"21.  AngelNavarro 14788..  •••190.00 

23.  Samuel  Byington 11793. .  820. 00 

24.  J.  R.  Brooks 14796..  20.60 

Mar.    7.  C.  W.  Howard 14S62..  22,900.88 

21.  N.Cox 14923..  732.00 

21.  M.Sanders 14924..  274.50 

.A.pr.  16.  Jos.  Walker 15004. .  75. 00 

24.  R.  H.  Tavlor 15097..  470.00 

May    2.  J.  T.  MUler 15138..  75.00 

7.  Geo.  J.  Hampton 15109. .  143. 27 

10.  R.  J.  Lawler  ct  Co.,  a.ss. 15181. .  304.  77 

10.  H.  E.  Woodhouse,  ass.. 15185..  4,237.00 

15.  H.  Clay  Davis,  ass 15215..  720.00 

15.  Jno.  Decker,  ass 15216..  65.62 

15.  J.  B.  McCIusky.ass 15217..  972.86 

18.  Henry  Webb,  ass 15227..  366.57 

22.  H.  Clav  Davis,  ass 15238..  150.00 

23.  Wm.  B.  Wratlier 15243. .  4, 245. 00 

28.  Jno.  Littleton 15262. .  105. 00 

31.  A.Wirbiskie 15288..  1,758.83 

Balance 3,033.60 

43,033.60 


1860. 
Feb.  15.  By  appropriation. 
May    5.  Amount  refunded. 


Ck. 


$40,000.00 
3,033.00 


43,033.60 


Aug.31.  By  balance 3,033.60 


It  should  be  noted  that  the  act  oi  March  3,  1905,  applies  in  terms  to  money  actually 
expended  by  Texas  "in  payment  of  State  volunteers  or  rangers."  In  a  strictly  mili- 
tary sense  this  can  only  be  construed  as  allowing  for  the  pay  of  the  troops,  to  the  exclu- 
sion of  disbursements  on  account  of  subsistence,  forage,  equipmeHts,  ordnance  stores, 
and  other  expenses.  It  is  possible,  however,  that  the  expression  "in  payment  of" 
may  have  been  intended  by  Congress  to  mean  in  payment  of  all  of  the  expenses  of 
the  troops  in  question,  including  both  pay,  allowances,  and  other  proper  military 
expenses.  In  any  event  it  will  be  seen  from  an  examination  of  the  accounts  sub- 
mitted that  it  is  impossible  to  segregate  the  amount  expended  by  the  State  for  pay 
proper  from  that  expended  for  other  purposes.  In  the  summary  given  below,  there- 
fore, no  attempt  has  been  made  to  state  separately  the  amount  expended  on  account 
of  pay  of  the  troops,  and  that  summary  includes  all  expenditures  for  the  purposes 
indicated  in  the  respective  State  acts  making  the  appropriations. 

It  is  also  to  be  remarked  that  the  act  of  March  3.  1905,  requires  that  the  money 
shall  have  been  actually  expended  during  the  period  of  time  between  February  28, 
1855,  and  June  21,  1860.  An  examination  of  the  accounts  submitted  shows  that, 
while  all  of  the  State  appropriations  were  made  during  the  period  indicated,  some 
of  the  money  was  actually  expended  after  June  21,  1860.  A  distinction  is  therefore 
made  in  the  summary  of  expenditures  between  payments  made  before  and  those 
made  after  June  21,  1860. 

Attention  is  invited  to  the  provision  in  section  5  of  the  act  of  the  Legislature  of 
Texas,  approved  January  14,  1856,  for  the  payment  of  $50  to  each  of  the  persona 
appointed  by  the  governor  to  receive  six  companies  of  mounted  volunteers  into  the 
State  service,  and  that  in  section  1  of  the  act  approved  January  12,  1860,  for  the 
payment  of  peace  commissioners  at  the  rate  of  $5  a  day  each.  It  has  not  been  pos- 
Bible,  from  the  accounts  submitted,  to  determine  whether  any  payments,  and  if  so 
how  much,  were  made  on  these  accounts,  and  those  provisos  have  also  been  disre- 
garded in  the  following  summary. 

Subject  to  the  foregoing  remarks,  the  following  table  is  submitted. 


92 


CLAIM  OP  THE  STATE  OP  TEXAS. 


Amounts  appropriated  by  the  State  of  Texas  hettveen  Feb.  28,  1855,  and  June  21,  1860, 
on  account  of  State  volunteers  mid  rangers  called  into  the  service  of  Texas  in  defense  of 
the  frontier  of  that  State  against  Mexican  niarauders  and  Indian  depredations,  and  the 
amounts  paid  on  account  of  those  appropriations. 


1 


State  act. 


Comp- 
troller's 
designa- 
tion of 
appro- 
priation. 


Amount 
appropri- 
ated. 


Amount  paid- 


Before 

June  21, 

1860. 


After 

June  21 , 

1860. 


Unex- 
pended 
balance. 


Dee.  17, 1855... 

Do 

Jan.  14,  18.56... 

Do 

Aug.  30,  1856.... 

Do 

Do 

Do 

Dec.  14, 1857. . . . 
Nov.  17,1857... 
Jan.  27, 1858..., 
Jan.  12,1860... 

Feb.  8, 1860 

Jan.  12,1860..., 

Feb.  3, 1860 

Feb.  11,1860..., 
Sec.  l,chap.  81. 

Total 


2K 
3K 
10  K 
UK 

90  L 

91  Jj 

92  L 

93  L 
100  L 

2M 
5M 

80 

90 

13  0 

12i0 

910 


$16,091.12 

5,755.22 

6, 000. 00 

55, 000. 00 

1, 702. 64 

1,843.39 

943. 17 

408. 97 

16, 000. 00 

20, 000. 00 

70, 000. 00 

64, 000. 00 

10, 000. 00 

300, 000.  00 

7, 500. 00 

40, 000. 00 


$15,571.01 

5, 750. 60 

4, 026. 43 

46, 106. 88 

1.494.72 

1,764.86 

917.46 

408. 97 

14, 655. 40 

20, 000. 00 

70, 000. 00 

60, 434. 39 

9, 748. 28 

86. 544. 39 
1,029.15 

36. 966. 40 


$520. 11 

4.62 

1,973.57 

8,893.12 

207. 92 

78.53 

25.71 


1,344.60 


$45.60 


14, 882. 35 
6, 468. 00 


3.520.01 

251.72 

198,573.26 

2.85 

3, 033. 60 


615,244.51 


375, 418. 94 


21, 395. 95 


218, 429. 62 


With  regard  to  the  question  as  to  whether  the  State  of  Texas  has  ever  been  reim- 
bursed for  any  of  these  exj)enditures,  it  is  to  be  remarked  that  the  only  legislation 
providing  for  payments  by  the  United  States  on  account  of  the  volunteers  and  militia 
in  question  that  has  been  found  is  that  contained  in  the  acts  of  Cougress  approved 
March  3,  1855  (10  Stat.  L.,  636,  673),  March  3,  1859  (11  Stat.  L.,  434),  and  Jime  21,  1860 
(12  Stat.  L.,  68). 

It  appears  from  a  letter  dated  November  11,  1871,  addressed  to  the  Secretary  of  the 
Treasury  by  the  secretary  of  state  of  Texas  (printed  in  Ex.  Doc.  No.  277,  House  of 
Representatives,  42d  Cong.,  2d  sess.,  p.  141),  and  a  letter  dated  November  16,  1871, 
addressed  to  the  secretary  of  state  of  Texas  by  the  Secretary  of  War  (Ibid.,  p.  142), 
that  none  of  the  money  appropriated  by  the  acts  of  March  3,  1859,  and  June  21,  1860, 
referred  to  above,  was  disbursed. 

The  acts  of  Congress  approved  March  3,  1855,  referred  to  above,  appropriated  the 
sum  of  $162,755.38  for  six  companies  of  Texas  volunteers.  With  regard  to  that  ap- 
propriation Capt.  Bradley,  who  examined  the  claim  of  the  State  of  Texas  in  1872, 
says  in  his  report  (Ex.  Doc.  No.  277,  referred  to  above,  p.  4): 

For  these  companies  the  total  appropriated  Mar.  3,  1855,  was $162,  755.  38 

Between  that  date  and  the  30th  of  June,  1859,  the  total  paid  for  their 
services  and  expenses  was 93,  612.  47 

On  the  last-mentioned  date  war  warrant  No.  7  carried  to  the  sur- 
plus fund  this  balance 69, 142.  91 

A  letter  dated  January  8,  1859,  and  addressed  to  the  Adjutant  General  by  the 
Second  Auditor  of  the  Treasury  Department  (printed  in  the  same  document,  pp. 
124-125)  shows  that  of  the  amount  disbursed  on  account  of  this  appropriation  308,449.70 
was  paid  to  the  six  companies.  He  adds  that  "the  records  of  the  Third  Auditor  might 
show  an  additional  allowance  for  these  companies  for  subsistence,  etc.,  which  would 
increase  the  allowance  made  by  the  United  States."  Nothing  has  been  found  to 
show  to  whom  the  remaining  $25,162.47  disbursed  on  account  of  this  appropriation 
was  paid;  but  it  is  reasonably  certain  that  none  of  it  was  paid  to  the  State  of  Texas  to 
reimburse  that  State  for  moneys  expended  on  account  of  the  volunteers  in  question. 

Answering  the  inquiry,  directed  by  the  act  of  March  3,  1905 — 

"what  sum  or  sums  of  money  were  actually  expended  by  the  State  of  Texas  during 
the  period  of  time  between  February  28,  1855,  and  June  21,  1860,  in  payment  of  State 
volunteers  or  rangers  called  into  service  by  authority  of  the  Governor  of  Texas  in 
defense  of  the  frontier  of  that  State  against  Mexican  marauders  and  Indian  depreda- 


I 


CLAIM  OF  THE  STATE  OF  TEXAS.  93 

tions,  for  which  reimbursement  has  not  been  made  out  of  the  Treasury  of  the  Unitc-d 
States"— 

it  appears  from  the  foregoing  State  appropriations  and  statements  of  accounts  that  the 
total  amount  expended  by  Texas  between  February  28,  1855,  and  June  21,  1860,  on 
account  of  the  volunteers  and  rangers  in  question,  was  $375,418.94.  If  the  payments 
on  accounts  of  these  State  troops  made  after  June  21,  1860,  from  appropriations  made 
before  that  date  are  included,  the  amount  will  be  increased  to  $396,81  '.89.  No  evi- 
dence has  been  found  showing  that  the  State  of  Texas  was  reimbursed  out  of  the 
Treasury  of  the  United  States  for  any  of  the  expenditures  included  in  that  amount. 
Respectfully  submitted.  • 

F.  C.  AiNSWORTH,  The  Military  HecreLary. 
War  Department, 

The  Military  Secretary's  Office, 

January  27,  1906. 


Exhibit  G. 

[Senate  Document  No.  67,  Sixty-second  Congress,  first  session.) 

Claim  of  the  State  of  Texas  for  Defense  of  the  Frontier. 

Additional  claim  of  the  State  of  Texas  for  reimbursement  of  moneys  expended  in 
frontier  defense  in  1856  and  1860-61. 

On  February  1,  1905,  Mr.  (Julberson,  in  the  Senate,  submitted  an  amendment  to 
the  general  deficiency  appropriation  bill,  which  was  adopted,  providing: 

"The  Secretary  of  War  is  hereby  directed  to  inquire  and  report  to  Congress  for  i(s 
consideration  what  sum  or  sums  of  mouey  were  actually  expended  by  the  State  of 
Texas  during  the  period  of  time  between  February  twenty-eighth,  eighteen  hundred 
and  fifty-five,  and  June  twenty-first,  eighteen  hxmdred  and  sixty,  in  payment  of 
State  volunteers  or  rangers  called  into  service  by  authority  of  the  governnr  of  Texas, 
in  defense  of  the  frontier  of  that  State  against  Mexican  marauders  and  Indian  depre- 
dations, for  which  reimbursement  has  not  been  made  out  of  the  Treasury  of  the 
United  States." 

In  compliance  with  this  provision  of  the  act,  on  January  27,  1906,  the  Secretary  of 
War  sent  to  the  Senate  a  report  (S.  Doc.  No.  169,  59th  Cong.,  1st  sess.)  of  the  result 
of  his  investigations,  which  disclosed  that  the  amount  of  money  actually  expended  by 
the  State,  as  shown  by  vouchers  presented  by  the  State  authorities,  between  the  dates 
named  in  Mr.  Culberson's  amendment  was  $375,418.94;  and  that  additional  sums  were 
expended  by  the  State  for  like  purposes  subsequent  to  June  21,  1860,  aggregating 
$21,395.95.  In  conformity  with  this  report,  the  general  deficiency  appropriation  bill 
(59th  Cong.,  1st  sess.)  approved  June  30,  1906,  carried  the  following: 

"Payment  to  Texas. — To  reimburse  the  State  of  Texas,  in  full  settlement  of  all 
claims  of  any  nature  whatever  on  account  of  moneys  actually  expended  by  that  State 
during  the  period  of  time  between  February  twenty-eighth,  eighteen  hundred  and 
fifty-five,  and  June  twenty-first,  eighteen  hundred  and  sixty,  in  payment  of  State 
volunteers  or  rangers  called  into  service  by  authority  of  the  governor  of  Texas,  in 
defense  of  the  frontier  of  that  State  against"Mexican  marauders  and  Indian  depreda- 
tions, for  which  reimbursement  has  not  been  made  out  of  the  Treasury  of  the  United 
States,  as  ascertained  under  the  act  of  Congress  approved  March  third,  nineteen  hun- 
dred and  five,  and  certified  in  Senate  Document  Numbered  One  hundred  and  sixty- 
nine,  of  this  session,  three  hundred  and  seventy-five  thousand  four  hundred  and 
eighteen  dollars  and  ninety-four  cents." 

Thereafter,  in  1908,  Congress  made  a  further  appropriation  to  cover  the  additional 
amount  of  $21,395.95  theretofore  reported  by  the  Secretary  of  War  to  have  been 
expended  by  the  State  of  Texas  for  frontier  defense  subsequent  to  June  21 ,  1860. 

Apparently  these  two  appropriations  covered  all  valid  existing  claims  of  (he  State 
of  Texas.  It  should  be  here  particularlv  noted,  however,  that  at  page  32  of  (he  report 
of  the  Secretary  of  War  (S.  Doc.  No.  169)  it  is  recited  that  $198,573.26  of  the  $300,000 
appropriation  made  by  the  Legislature  of  Texas  for  frontier  defense  on  February  3, 
1860,  was  unexpended. 

It  now  appears  conclusively  that  in  the  latter  part  of  1908,  and  subsequent  to  the 
appropriations  by  Congress  of 'l906  and  1908,  heretofore  recited,  an  old  military  ledger 
was  discovered  in  the  comptroller's  office  of  the  State  of  Texas,  which  discloses-that 


94  CLAIM  OV   THE  STATE  OF  TEXAS. 

of  this  supposedly  unexpended  balance  of  $198,573.26,  as  a  matter  of  fact  the  sum  of 
$179,434.17  was  expended  by  the  State  of  Texas  in  frontier  defense  between  June  6, 
1860,  and  March  4,  1861,  and  that  each  item  of  this  expenditure  is  fully  attested  by  an 
original  voucher. 

In  addition  to  this,  it  is  claimed  and  shown  by  the  State  that  the  further  sum  of 
$3,646.60,  appropriated  by  the  legislature  in  January,  1857,  fur  pay  of  oompanies  of 
minutemen  commanded  by  Capts.  John  W.  Sansom,  J.  M.  Davenport,  and  R.  W. 
Black,  was  inadvertently  omitted  from  the  proofs  of  claims  presented  to  the  Secretary 
of  War  in  1905,  and  that  this  amount  should  be  refunded. 

The  failure  of  the  State  autho'-ities  to  present  the  larger  claim  for  $179,434.17  accruing 
June  6,  1860,  to  March  4,  1861,  Is  fully  explained  by  the  entire  lack  of  knowledge  uf 
the  existence  of  the  old  military  ledger  and  vouchers  showing  its  expenditure.  This 
want  of  knowledge  is  easily  accounted  for,  when  the  total  destruction  of  the  State 
capitol  by  fire,  November  9,  1881,  is  recalled.  In  that  fire  many  of  the  books  and 
records  of  the  several  State  departments  were  destroyed,  many  of  them  were  lost, 
and  those  preserved  were  so  inextricably  jumbled  together  and  damaged  by  fire  and 
water,  that  for  many  years  it  seemed  an  almost  hopeless  undertaking  to  put  them  in 
order;  and  even  yet  the  work  has  not  been  wholly  completed. 

The  failure  to  present  the  smaller  claim  is  ascribed  wholly  to  inadvertence;  and  this 
must  be  so,  sirce  cognizance  of  the  claim,  or  at  least  of  the  existence  of  the  companies 
of  minutemen  on  whose  account  it  is  made,  appears  in  a  letter  of  the  Secretary  of  War 
of  January  19,  1878  (p.  20,  S.  Ex.  Doc.  No.  19,  45th  Cong.,  2d  sess.),  and  it  is  not 
included  in  either  of  the  appropriations  of  1906  and  1008,  as  is  shown  by  reference  to 
Senate  Document  No.  169,  ante. 

The  following  letter  from  the  governor  of  Texas,  with  accompanying  papers,  show 
the  character  and  history  of  the  claim  somewhat  in  detail: 

Executive  Office,  State  op  Texas, 

Austin,  July  6,  1911. 
Hon.  Charles  A.  Culberson, 

United  States  Senate,  Washington,  D.  C. 

Dear  SeiVator:  I  am  handing  you  herewith  a  report  to  me  by  Capt.  E.  M.  Phelps, 
concerning  claim  of  the  State  of  Texas  against  the  United  States  for  $179,434.17,  which 
was  disbursed  in  the  payment  of  the  State  troops  by  the  State  of  Texas  in  the  defense 
of  her  frontier  during  the  latter  part  of  the  year  1859  and  the  first  part  of  1860  against 
Indian  and  Mexican  marauders.  Capt.  Phelps's  report  to  me  explains  the  matter  ( 
concisely  and  fully. 

In  addition  to  the  sum  already  mentioned  the  United  States  Government  is  due 
the  State  of  Texas  some  $3,646.60  expended  under  an  act  of  the  Texas  Legislature 
passed  in  January,  1857,  for  the  payment  of  three  companies  of  minutemen,  com- 
manded by  Capts.  John  W.  Sansom,"  J.  M.  Davenport,  and  R.  W.  Black,  making  a 
total  due  by  tlie  United  States  Government  on  said  claim  of  $183,080.77,  with  interest 
from  the  time  Texas  made  the  payment. 

I  also  hand  you  a  copy  of  circular  issued  by  the  Texas  adjutant  general's  department 
quoting  the  act  of  Congress  of  May  30,  1909,  extending  the  benefits  of  pensions  to  those 
engaged  in  the  defense  of  the  frontier  of  the  State  of  Texas  against  Indian  and  Mexican 
marauders.  Attached  you  -will  find  an  act  of  the  Texas  Legislature,  approved  Feb- 
ruary 3,  1860,  another  act  approved  January  2,  1860,  and  a  third  act  approved  Feb- 
ruary 14,  1860,  under  which  the  Sta'e  of  Texas  expended  these  moneys. 

I  am  sending  you  this  data  and  information  with  request  that  you  prepare  a  bill  and 
introduce  it  in  the  Senate  providing  for  the  refund  of  these  amounts  to  Texas.  The 
passage  of  such  an  act  will  also  entitle  those  who  gave  their  services  to  the  State  in 
defending  her  frontier  against  Mexican  marauders  and  Indians  an  opportunity  to  draw 
the  pensions  to  which  they  are  entitled. 

Any  further  information  which  you  may  deem  necessary  will  be  furnished  you  upon 
request.  Ifeel  sure  there  can  be  no  valid  or  substantial  objection  on  the  part  of  any- 
one to  the  payment  of  this  money. 

Yours,  truly,  0.  B.  Colquitt,  Governor. 


Austin,  Tex.,  June  12,  1911. 
Hon.  O.  B.  Colquitt, 

Governor  of  Texas,  Austin. 
Dear  Sir:  By  your  direction,  I  have  the  honor  to  submit  the  following  statement 
in  regard  to  an  unsettled  claim  of  the  State  of  Texas  against  the  United  States,  for  pay 
of  troops  in  defense  of  her  frontier  during  the  latter  part  of  the  year  1859  and  the  first 
part  of  1860,  against  Indians  and  Mexican  marauders. 


CLAIM   OF   THE   STATE   OF   TEXAS.  95 

HISTORY   OF  THE    NEW   CLAIM. 

The  Eighth  Legislature  of  Texas,  on  February  3,  1860,  made  an  appropriation  of 
$300,000  for  pay  and  maintenance  of  State  troops  then  in  the  service  on  the  west  and 
north  frontiers  under  the  command  of  Col.  M.  T.  Johnson  and  Maj.  John  S.  Ford  on 
the  lower  Rio  Grande  against  Mexican  marauders  under  Cortina,  a  Mexican  outlaw, 
and  there  was  paid  out  of  said  appropriation  for  the  maintenance  and  equipment  of 
the  troops  serving  under  Col.  Johnson  and  Maj.  Ford,  and  to  other  ranging  companies 
called  into  service  by  Gov.  Sam  Houston,  the  sum  of  $101,416.74,  being  the  aniounl 
of  the  refund  made  by  the  Federal  Congress  in  1906-1908,  from  said  appropriation  of 
$300,000  as  determined  in  the  report  made  to  Congress  by  the  Secretary  of  War,  in 
answer  to  the  inquiry  directed  to  him  by  the  act  of  March  3,  1905: 

"\Vhat  sum  or  sums  of  money  were  actually  expended  by  the  State  of  Texas  during 
the  period  of  time  between  February  twenty-eighth,  eighteen  hundred  and  fifty-five, 
and  June  twenty-first,  eighteen  hundred  and  sixty,  in  payment  of  State  volunteers 
or  rangers  called  into  service  by  authority  of  the  governor  of  Texas  in  defense  of  the 
frontier  of  that  State  against  Mexican  marauders  and  Indian  depredations,  for  which 
reimbursement  has  not  been  made  out  of  the  Treasury  of  the  United  States." 

From  the  above  it  is  found  that  there  was  an  unexpended  balance  of  said  appro- 
priation of  $198,573.26,  which  was  transferred  to  military  ledger  on  or  about  Jum^  1, 
1860,  and  was  paid  out  under  resolution  of  the  Eighth  Legislature  of  Texas  to  the  organi- 
zations hereinafter  named,  \dz: 

June  6,  1860,  to  Sept.  30,  1860 $61,  512.  86 

Oct.  1,  1860,  to  Oct.  31,  1860 1,  640. 13 

Nov.  1,  1860,  to  Mar.  4,  1861 116,  281. 18 

Total 179, 434. 17 

The  above  is  the  amount  covered  by  10  per  cent  warrants  issued  by  the  comptroller 
of  the  State  of  Texas,  with  the  approval  of  the  governor. 

FRONTIER   DEFENSE    AGAINST   INDIANS. 

For  pay,  etc.,  of  the  following  organizations  from  June  6,  1860,  to  March  4,  1861,  as 
shown  by  said  military  ledger  and  original  vouchers  for  each  warrant : 

^Indian  depredations:  Capt.  W.  C.  Dalrymple's  company,  Lieut.  Dixon  Walker's 
company,  Capt.  J.  C.  Conner's  company,  Capt.  Ed.  Burleson's  company,  Capt.  T.  J. 
Johnson's  company,  Capt.  N.  H.  Darnell's  company,  Capt.  W.  M.  Wood's  company, 
Capt.  G.  S.  Fitzhugh's  company,  Capt.  L.  S.  Rcss's  company,  Lieut.  A.  B.  Burleson's 
company,  Capt.  W.  H.  Berry's  company,  Capt.  William  Fitzhugh's  company,  Lieut. 

^almon's  company,  Lieut.  Balliiatyne's  company. 

^Cortina  War:  Capt.  John  S.  Ford's  company,  Capt.  John  Littleton's  company, 
Capt.  W.  D.  Herron's  company,  Capt.  Jo.  Tumblinson's  company,  Capt.  William 
Tobin's  company. 

The  officers  and  men  serving  on  the  frontier  against  Indians  and  on  the  lower  Rio 

Grande  against  Mexican  marauders  received  no  pay  from  the  State  for  the  period 

of  service  in  1859-60,  other  than  that  shown  by  the  military  ledger  heretofore  referred 

I     to,  which  discloses  the  fact  as  to  what  payment  was  made,  each  item  being  fully 

l>»  attested  by  an  original  voucher. 

This  new  claim  of  the  State  of  Texas  was  not  known  at  the  time  the  one  for  $396,814.89 
was  refunded  by  the  United  States,  but  was  discovered  later  among  old  archives  on 
file  in  the  department  of  the  comptroller  of  public  accounts  of  this  State,  in  September, 
1908. 

The  Commissioner  of  Pensions  for  the  United  States  was  advised  on  September  10, 
1908,  of  the  discovery  of  this  ledger  and  vouchers  pertaining  thereto,  as  it  was  believed 
that  many  applicants  for  pensions  under  act  of  Congress,  approved  May  30,  1908, 
would,  with  this  proof  of  payment,  be  eligible.  Acting  on  request  made  in  letter  of 
September  10,  1908,  the  Commissioner  of  Pensions  sent  Mr.  Charles  G.  Townsend,  of 
his  department,  to  Austin  to  make  a  special  examination  of  said  ledger  and  vouchers, 
in  order  to  ascertain  the  eligibility  of  certain  applicants  under  said  act  of  Congress. 
Mr.  Townsend  spent  about  two  weeks  in  the  adjutant  general's  office  and  made  a 
thorough  examination,  and  found  that  the  payments  as  shown  by  th^  said  ledger 
ronstituted  a  new  claim  against  the  United  States,  as  it  clearly  appeared  that  no  part 
thereof  had  ever  been  refunded  by  the  United  States,  and  as^  the  State  of  Texas  had 
never  been  reimbursed  therefor,  the  surviving  officers  and  enlisted  men  and  surviving 
widows  would  not  be  eligible  under  said  act  until  the  State  of  Texas  is  reimbursed. 

In  the  event  this  claim  is  refunded,  some  200  or  more  survivors  will,  under  the  niling 
of  the  Commissioner  of  Pensions,  become  eligible  under  the  present  act  of  Congress, 


1 


96  CLAIM    OF   THE    STATE   OF    TEXAS. 

as  the  records  will  then  show  required  reimbursement,  and  secure  pensions  to  many 
old  rangers  and  their  surviving  wives,  who  are  shown  to  have  been  paid  by  the  State  of 
Texas  for  service  in  the  latter  part  of  1859  and  first  part  of  1860. 

The  payments  made  to  officers  and  enlisted  men  of  organizations,  heretofore  referred 
to,  was  through  the  determined  effort  of  Gov.  Sam  Houston,  who  secured  the  passage 
of  the  appropriation  of  $300,000,  and  of  the  resolution  providing  for  their  pay  in  10  per 
cent  warrants. 

THE   EMERGENCY  FOR  THE   CALL. 

The  conditions  existing  on  the  western  and  northern  frontiers  in  1859,  owing  to  the 
unchecked  depredations  of  Indians,  created  an  emergency  and  was  met  by  Gov. 
Houston,  immediately  after  being  inducted  into  oSice,  by  a  call  for  troops  and  the 
,,^  organization  of  a  regiment  for  frontier  defense.  At  the  same  time  Juan  Cortina,  a 
^Mexican  outlaw,  invaded  Texas  with  a  large  force  for  the  purpose  of  wholesale  robbery 
and  murder.  Volunteers  were  hastily  raised  in  southwest  Texas,  and  Cortina,  after  a 
bloody  engagement  near  Roma,  Mexico,  was  driven  across  the  Rio  Grande  with  a  loss 
of  125  men. 

The  facts,  which  are  historical,  demonstrated  the  urgent  necessity  for  both  calls  of 
Gov.  Houston  for  the  defense  of  the  frontier  against  Indians  and  Mexican  marauders, 
and  his  insistence  for  the  pay  of  the  troops  who  had,  inspired  by  patriotic  motives, 
responded  to  the  call  of  their  State  in  the  hour  of  need. 

THE   CLAIM   IS  JUST. 

Referring  to  House  concurrent  resolution  32,  will  submit  that  the  present  claim  was 
not  discovered  until  September,  1908,  and  was  unknown  at  the  time  of  the  refund  of 
the  claim  for  $396,814.89,  for  frontier  defense,  which  was  submitted  under  a  resolution 
of  Congress,  heretofore  quoted,  to  the  Secretary  of  War  in  January,  1905,  and  that  the 
best  evidence  of  the  validity  of  the  claim  is  attested  by  original  records  and  vouchers 
for  every  item  of  payment  amounting  to  $179,434.17,  paid  in  State  warrants,  bearing  10 
per  cent  interest,  by  \'irtue  of  authority  conferred  by  an  act  of  the  Eighth  Legislature  of 
Texas,  approved  February  14,  1860,  and  the  further  sum  of  $3,646.60,  under  act  of 
January,  1857,  for  pay  of  those  companies  of  minutemen  commanded  by  Capts.  John 
W.  Sansom,  J.  M.  Davenport,  and  R.  W.  Black,  which  was  inadvertently  omJtted 
from  the  refunded  claim  as  presented  to  the  Secretary  of  War  in  January,  1905,  which 
makes  the  total  amount  still  due  the  State  of  Texas  for  the  protection  of  her  frontier 
against  Indians  and  Mexican  marauders  to  March  4,  1861,  $183,080.77. 

In  order  to  substantiate  the  facts  alleged  in  the  foregoing  statement,  reference  is 
made  to  the  following  acts  of  the  eighth  legislature:  An  act  for  the  protection  of  the 
frontier,  page  13;  an  act  making  appropriation  for  the  protection  of  the  frontier,  page 
38;  joint  resolution  approved  November  18,  1859,  page  140;  reports  of  Col.  M.  T. 
Johnson,  Maj.  John  S.  Ford,  and  Capt.  L.  S.  Ross. 

These  reports  cover  service  on  the  west  and  northern  frontier  and  in  the  Cortina  War, 

and  are  important  in  showing  actual  eer\'ice  in  the  field.     The  reports  of  Maj.  John  S. 

-  Ford  and  Capt.  L.  S.  Ross  are  of  historical  interest.     Maj.  Ford  reports  a  battle  with 

^Cortina  and  Capt.  Ross  gives  a  graphic  description  of  the  capture  of  Cynthiana  Parker 

and  her  son,  Quanah.     Also  reference  is  made  to  a  circular  of  1909  in  regard  to  pensions 

under  act  of  Congress  approved  May  30,  1908. 

In  conclusion.  Governor,  I  will  state  that  I  have  made  this  report  as  brief  as  possible, 
believing  that  any  explanations  necessary  could  be  made  personally,  I  have  the  honor 
to  be, 

Yours,  very  respectfully,  E.  M.  Phelps,  State  Agent. 

[arcular  No.  3.] 

Adjutant  General's  Department, 

Austin,  Tex.,  June  8,  1909. 

important. 

The  circular  of  August  9,  1908,  as  amended,  relative  to  pensions  for  State  troops  or 
rangers,  provided  for  under  the  act  of  Congress,  approved  May  30,  1908,  to  include 
a  list  of  companies  who  were  paid  during  the  latter  part  of  1859  and  the  first  part  of 
1860,  discovered  in  an  old  military  ledger  during  the  month  of  September,  1908,  is 
republished  and  amended  to  read  as  follows: 


CLAIM  OF  THE  STATE  OF  TEXAS.  97 

[Act  of  Cougross,  approved  May  ;>0,  1908.) 

AN  ACT  Pensioning  the  surviving  oflicers  and  enlisted  men  of  the  Ti'.\;i.~:  volunteers  employed  In  the 
defense  of  the  fronlier  of  that  State  against  Mexican  marauders  and  Indian  depredations  from  eighteen 
hundred  and  fifty-live  to  eighteen  hundrad  and  sixty,  inclusive,  and  for  other  purposes. 

"  Be  it  enacted  by  the  Senate  and  Ilonse  of  Representatives  of  the  United  Stales  of  America 
in  Congress  assembled,  That  the  provLsioiiP,  limitations,  and  bonelita  of  an  act  entitled 
'An  act  granting  pensions  to  survivors  of  the  Indian  Wars  of  eighteen  hundred  ancl 
thirty-two  to  eighteen  hundred  and  forty-two,  inclusive,  known  as  the  Hlack  Hawk 
War,  Creek  War,  Cherokee  disturbances,  and  the  Seminole  War,'  approved  July 
twenty-seventh,  eighteen  hundred  and  ninety-two.  be,  and  the  same  are  hereby, 
extended  from  the  date  of  the  passage  of  this  act  to  the  surviving  oflicers  and  enlisted 
men  of  the  Texas  volunteers  who  served  in  the  defense  of  the  frontier  of  that  Stiilc 
against  Mexican  marauders  and  Indian  depredations  from  the  year  eighteen  hundred 
and  fifty-five  to  the  year  eighteen  hundred  and  sixty,  inclusive;  and  also  to  include 
the  surviving  widows  of  such  of  said  officers  and  enlisted  men:  Provided,  That  such 
widows  have  not  remarried:  Prmrided further,  That  where  there  is  no  record  of  enlist- 
ment or  muster  into  the  service  of  the  United  States  in  the  service  mentioned  in  this 
act  the  fact  of  reimbursement  to  Texas  by  the  United  States,  as  evidenced  by  the 
muster  rolls  and  vouchers  on  file  in  the  War  Department,  shall  be  accepted  as  full 
and  satisfactory  proof  of  such  enlistment  and  service:  And  provided  further,  That 
all  contracts  heretofore  made  between  the  beneficiaries  under  this  act  and  pension 
attorneys  and  claim  agents  are  hereby  declared  null  and  void. 

"Approved  May  30,  1908." 

The  above  act  extending  the  provisions  of  the  act  of  July  27,  1892  (a  law  pension- 
ing survivors  of  the  various  Indian  Wars),  to  certain  Texas  Rangers  who  served  on 
the  frontier  of  that  State  during  the  years  1855  to  1860,  applies  to  the  following  com- 
panies, whose  men  and  their  widows  may  be  entitled  to  the  benefits  of  this  act. 
Under  the  terms  of  this  new  law,  and  former  pension  laws,  the  surviving  officers  and 
^  enlisted  men,  and  the  surviving  widows  of  officers  and  enlisted  men  of  the  following- 
named  Texas  Ranger  companies,  may,  by  conforming  to  all  requirements  of  the 
•Pension  Bureau,  receive  pensions: 

Capt.  G.  S.  Bogess,  87  men;  mustered  in  December  23, 1854;  mustered  out  March  22, 
1855. 

Capt.  John  G.  Walker,  84  men;  mustered  in  December  1,  1854;  mustered  out 
March  31,  1855. 

Capt.  William  R.  Henry,  86  men;  mustered  in  December  14,  1854;  mustered  out 
March  31,  1855. 

Capt.  William  Fitzhugh,  84  men;  mustered  in  December  24,  1854;  mustered  out 
March  23,  1855. 

Capt.  Charles  E.  Travis,  80  men;  mustered  in  December  1,  1854;  mustered  out 
April  1,  1855. 

Capt.  P.  H.  Rogers,  78  men;  mustered  in  December  22,  1854;  mustered  out  March 
21,  1855. 

J.  H.  Callahan,  captain;  Ed  Burleson,  first  lieutenant;  William  Kyle,  second  lieu- 
tenant; 88  men;  mustered  in  July  20,  1855;  mustered  out  October  19,  1855. 

Nat  Benton,  captain;  H.  B.  King,  first  lieutenant;  Chas.  A.  Read,  second  lieuten- 
ant; 26  men;  mustered  in  September  15,  1855;  mustered  out  October  15,  1855. 

W^illiam  R.  Henry,  captain;  Houston  Tom,  first  lieutenant;  36  men;  mustered  ia 
September  15,  1855;  mustered  out  October  15,  1855. 

William  Tom,  captain;  Robt.  E.  Jones,  first  lieutenant;  W.  M.  Rust,  second  lieu- 
tenant; 88  men;  mustered  in  October  18,  1855;  mustered  out  November  15,  1855. 

W'm.  G.  Tobin,  captain;  28  men;  mustered  in  October  12,  1855;  mustered  out  No- 
vember 15,  1855. 

Levi  English,  captain;  Joel  M.  Walker,  second  lieutenant;  56  men;  mustered  in 
August  6,  1855;  mustered  out  November  — ,  1855. 

J.  W.  Sansom,  captain;  14  men;  mustered  in  April  16,  1856:  mustered  out  July  16,. 
1856. 

J.  M.  Davenport,  captain;  Jos.  G.  Brown,  lieutenant;  37  men;  mustered  in  March 

13,  1856;  mustered  out  June  1,  1857. 

R.  W.  Black,  captain;  James  Moseley,  lieutenant;  30  men;  mustered  in  January 
1,  1856;  mustered  out  December  31,  1856. 
-•Thomas  K.  Carmack,  20  men;  mustered  in  December  14,  1857;  mustered  outMarch 

14,  1858. 

•-*  John  H.  Conner,  31  men;  mustered  in  December  2,  1857;  mustered  out  March  2, 
1858. 

H.  Doc.  551,  62-2 7 


98  CLAIM    OF    THE    STATE    OF    TEXAS, 

"*■  John  S.  Hodges,  20  men;  mustered  in  December  14,  1857;  mustered  out  March  .14, 
1858. 
—  T.  C.  Frost,  20  men;  mustered  in  December  21,  1857;  mustered  out  March  21,  1858. 

John  S.  Ford,  captain;  Ed  Burleson,  first  lieutenmnt;  A.  Nelson,  second  lieutenant; 
W.  A.  Pitts,  second  lieutenant;  J.  H.  Tankersley,  lieutenant;  135  men;  mustered  in 
»  January  10,  1858;  mustered  out  August  10,  1858. 

John  Williams,  captain;  D.  C.  Cowan,  lieutenant;  20  men;  mustered  in  May  24, 
1858;  mustered  out  July  24,  1858. 

William  G.  Preston,  captain;  24  men;  mustered  in  April  20,  1858;  mustered  out 
June  30,  1858. 

W.  N.  P.  Marlin,  captain;  34  men;  mustered  in  July  15,  1858;  mustered  out  No- 
vember 15,  1858. 

Ed  Burleson,  captain;  J.  E.  McCord,  first  lieutenant;  James  Carson,  second  lieu- 
tenant; J.  G.  Barbee,  surgeon;  75  men;  mustered  in  between  January  1  and  June  1, 
1860;  mustered  out  September  7,  18(50. 

John  S.  Ford,  captain;  J.  R.  Gibbons,  lieutenant;  Aaron  Burleson,  lieutenant;  87 
men;  mustered  in  November  10,  1858;  mustered  out  May  10,  1859. 

W.  N.  P.  Marlin,  lieutenant;  22  men;  mustered  in  February  24,  1859;  mustered  out 
April  4,  1859. 

J.  H.  Brown,  captain;  J.  W.  Nowlin,  first  lieutenant;  J.  Y.  Carmack,  second  lieu- 
tenant; W.  H.  White,  first  lieutenant;  J.  D.  Bell,  second  lieutenant;  H.  Bradford, 
surgeon;  W.  E.  Oakes,  surgeon;  77  men;  mustered  in  June  28,  1859;  mustered  out 
September  12,  1859. 

The  following  is  a  list  of  certain  volunteer  companies  which  operated  against  Cortinas 
in  November  and  December,  1859,  and  about  which  there  is  no  record  of  when  they 

•  were  mustered  in  and  out  of  service:  Capt.  Tobin's  company,  65  men;  Capt.  Tomlin- 
son's  company,  35  men;  Capt.  J.  H.  Hampton's  company,  20  men;  Capt.  Kennedy's 
Capt.  Thompson's,  Capt.  Littleton's,  and  one  company  in  addition  to  the  above, 

•  called  the  "Indianola  company." 

The  muster  and  pay  rolls  as  set  forth  in  paragraph  1  are  on  file  in  the  War  Depart- 
ment, having  been  originally  placed  there  as  a  part  of  fhe  claim  of  the  State  of  Texaa 
for  the  refund  of  money  expended  for  the  defense  of  her  frontier  between  the  years 
1855  and  1860.  The  following  additional  rolls,  14  in  number,  have  been  forwarded  to 
the  Chief,  Pension  and  Record  Office,  Washirgton,  D.  C,  and  will  be  placed  on  file 
in  the  Pension  Department: 

John  Williams's  company,  113  men.  Original  roll  Capt.  John  Williams's  second 
company  of  Texas  Rangers,  September  29,  1858. 

Peter  Tomlinson's  company,  46  men.  Original  letter  from  Capt.  Peter  Tomlinson 
to  Gov.  Sam  Houston,  and  accompanying  petition  showing  names  of  the  members  of 
the  company  commanded  by  Capt.  Tomlinson,  January- 12,  1860. 

Lieut.  John  Scanland's  company,  16  men.  Original  muster  roll  of  Montague 
County  Minute  Men,  company  of  Texas  Rangers.  Called  into  service  by  Gen.  Sam 
Houston,  April  7,  1860,  for  six  months,  unless  sooner  discharged. 

Walker's  Mounted  Rifles,  50  men;  Lovenskiold's  Company  Mounted  Rifles. 
Original  certificate  showing  place  and  time  of  the  organization  of  Walker's  Mounted 
Rifles  and  the  officers  and  members  belonging  to  same.  Certificate  under  oath  of 
commanding  officer  of  organization,  etc.  Filed  fot  record  November  25,  A.  D.  1859, 
at  12  o'clock  m.,  Reuben  Halbein,  clerk,  C.  C,  N.  C. 

Lieut.  Ballentyne's  detachment  minute  men,  15  men.  Original  muster  roll  of 
Lieut.  Ballentyne's  detachment,  March  29,  1860,  to  Julv  3,  1860,  with  original  cer- 
tificate of  O.  B.  Mills,  chief  justice,  B.  C,  July  3,  A.  D.  i860. 

Capt.  G.  H.  Nelson's  company,  75  men,  mounted  militia,  in  the  service  of  the 
United  States,  October  10,  1857,  to  December  28,  1857. 

Lieut.  John  Salmon's  detachment  mounted  rangers,  20  men.  Original  monthly 
return,  the  same  also  being  an  original  muster  roll  showing  the  names  of  the  officers 
and  members  of  said  company.  May  12,  1860. 

Capt.  William  Tom's  company,  54  men.  Original  muster  roll;  company  organ- 
ized October  18,  1855.  Note:  Reference  is  made  to  the  pay  rolls  of  the  companies  of 
Capts.  Tom,  English,  and  Tobin,  which  show  the  payment  of  this  company. 

Original  pay  roll  William  Tobin's  company,  24  men;  Levi  Engli.sh's  company,  44 
men;  Williani  Tom's  companv^  45  men;  James  H.  Raymond,  paymaster.  Filed 
July  30,  1857,  and  admitted  for  $4,394.31. 

Cfapt.  James  Bourland's  first  company,  90  men.  Original  duplicate  muster  roll 
Capt.  Bourland's  first  companv  mounted  volunteers,  Texas  Rangers,  October  28, 1858, 
to  January  28,  1859. 

<^apt.  James  Bourland's  second  company,  34  men.  Original  muster  roll  Bourland's 
second  companv  mounted  volunteers.  State  service,  January  28,  1859,  to  April  28, 
1859. 


CLAIM  OF  THE  STATE  OF  TEXAS.  99 

V        T.  J.  Hale's  company,  77  men.     Original  li?t  of  names  of  officers  and  member.-^, 
^  Texas  Rangers,  Stote  volunteer.-!,  known  as  Uvalde  Rangers.  October  12,  1859. 

Andrew  Herron's  company,  37  men.  Original  muster  roll,  November  18,  1859,  to 
January  1,  1860.  Also  accompanving  is  muster  and  pay  roll  of  said  company  from 
Novenaber  18,  1859,  to  January  1,  181)0. 

Original  muster  roll  Capt.  G.  S.  Fitzhugh's  company,  29  men;  Texas  Rangers,  who 
served  from  May  20  to  October  20,  ISHO. 

Soon  after  publication  of  the  circular  of  August  29,  1908,  an  old  military  ledger  was 
discovered  in  the  comptroller's  oflii-e,  which  disclosed  a  new  claim  of  the  State  of 
Texas  for  protection  of  her  frontier  against  Indians  and  Mexican  marauders,  amount- 
ing to  about  $184,000  in  round  numbers,  and  not  included  in  the  original  claim  of 
$396,814.89,  reimbursed  by  the  United  States  during  the  years  1900  and  1908.  This 
ledger  and  the  vouchers  pertaining  thereto  show  that  the  members  of  the  following 
companies  were  paid  for  their  services  during  the  latter  part  of  1859  and  the  first 
part  of  1860: 
^  Cortina  War:  Capt.  John  S.  Ford's  company,  Capt.  John  Littleton's  company, 
Capt.  W.  D.  Herron's  company,  Capt.  Joe  Walker's  detachment,  Capt.  Joe  Tomlin- 
son's  company,  Capt.  William  Tobin's  company,  Capt.  E.  J.  Hampton's  company. 

Indian  depredations:  Capt.  W.  C.  Dalrymple's  company,  Capt.  Connor's  company, 
Capt.  Ed  Burleson's  company,  Capt.  T.  J.  Johnson's  company,  Capt.  N.  H.  Darnell's 
company,  Capt.  White's  company,  Capt.  G.  S.  Fitzhugh's  company,  Capt.  L.  S.  Ross's 
company,  Lieut.  A.  B.  Burleson's  company,  Lieut.  Salmon's  company,  Capt.  H.  W. 
Berry's  company,  Lieut.  Dixon  Walker's  company,  Capt.  Wm.  Fitzhugh's  company, 
Lieut.  W.  C.  Lewis's  Minute  Men. 

The  members  of  the  above  companies  are  not  now  entitled  to  pensions  under  the 
provisions  of  the  pension  law,  owing  to  the  fact  that  the  United  States  has  not  reim- 
bursed the  State  of  Texas  for  their  services,  and  in  order  to  make  title  it  is  necessary 
to  prepare  a  new  claim  as  shown  by  the  military  ledger  referred  to  and  present  the 
same  to  Congress  for  reimbursement.  In  order  to  secure  the  amount  paid  l^y  Texas 
in  the  protection  of  the  frontier  against  Indians  and  Mexican  marauders,  not  included 
in  the  original  claim  paid  in  1906  and  1908,  the  thirty-first  legislature  at  its  regular 
session  enacted  the  following: 

"House  concurrent  resolution  No.  12. 

"Whereas  there  still  exists  an  unsettled  claim  of  the  State  of  Texas  against  the 
United  States  for  protection  of  her  frontier  against  Indian  depredations  and  Jlexican 
marauders  from  February  twenty-eighth,  eighteen  hundred  and  fifty-five,  to  Decem- 
ber thirty-first,  eighteen  hundred  and  sixty,  which,  on  account  of  not  having  been  dis- 
covered until  the  month  of  September,  nineteen  hundred  and  eight,  wa=i  not  inchided 
in  the  claim  of  Texas  for  three  hundred  and  ninety-six  thousand  eight  hundred  and 
fourteen  dollars  and  eighty-nine  cents,  made  up  out  of  the  amounts  paid  out  of  the 
several  appropriations  by  the  State  for  protection  of  her  frontier  during  the  period 
heretofore  stated,  whir-h  sum  was  reimbursed  to  the  State  by  act  of  Congress  in  the 
general  deficiency  bills  for  the  fiscal  years  nineteen  hundred  and  six  and  nineteen 
hundred  and  eight,  as  follows:  Fifty-ninth  Congress  in  May,  nineteen  hundred  and 
six,  three  hundred  and  seventy-five  thousand  four  hundred  and  eighteen  dollars  and 
ninety-five  cents;  Sixtieth  Congress  in  May,  nineteen  hundred  and  eight,  twenty-one 
thousand  three  hundred  and  ni'iety-five  dollars  and  ninety-five  cents;  total,  three 
hundred  and  ninety-six  thousand  eight  hundred  and  fourteen  dollars  and  eighty- 
nine  cents,  this  being  amount  of  the  claim  as  originally  made  by  the  adjutant  gen- 
eral's department,  and  submitted  under  a  resolution  of  Congra.ss  to  the  Secretary  of 
War,  in  January,  nineteen  hundred  and  five. 

"Whereas  that  during  the  time  of  the  preparation  of  the  said  claim,  as  reimbursed, 
there  was  no  evidence  of  record  obtainable  that  more  than  the  sum  of  one  hundred 
and  one  thousand  four  hundred  and  sixteen  dollars  and  seventy-four  cents  had  been 

Eaid  out  of  an  appro.priation  of  three  hundred  thousand  dollars  made  by  the  seventh 
egislature  of  Texas,  appro\ed  February  third,  eighteen  hundred  and  sixty,  for  the 
protection  of  the  frontier,  and  owing  to  that  fact  only  that  amount  out  of  said  appro- 
priation was  included  in  the  original  flaim  for  three  hundred  and  ninety-six  thousand 
eight  hundred  and  fourteen  dollars  and  eighty-nine  cents.  It  wa-i  disclosed  by  a 
footnote  to  the  account  for  payments  out  of  said  appropriation  of  three  hundred  thou- 
sand dollars  that  the  sum  of  one  hundred  and  ninety-eight  thousand  three  hundred 
and  sixty-eight  dollars  and  eiglity-three  cent-'  was  traiisferred  to  a  military  ledger  and 
afterwards  paid  out  in  accordan{;e  with  an  act  of  the  seventh  legLslature  for  supplies 
and  pay  of  State  troop-i  called  into  service  in  the  latter  part  of  the  year  eighteen 
hundred  and  fifty-nine  and  the  first  part  of  the  year  eighteen  hundred  and  sixty  by 
Governor  Sam  Houstoji. 


100  CLAIM  OF  THE  STATE  OF  TEXAS. 

"This  military  ledger  was  discovered,  as  heretofore  stated,  during  the  month  of 
September,  nineteen  hundred,  and  eight,  as  well  as  the  original  vouchers  covering 
every  entry  in  said  ledger. 

"Whereas,  as  this  unsettled  claim  for  the  protection  of  the  frontier  of  this  State 
is  clearly  established  by  record  evidence  in  a  sum  not  less  than  one  hundred  and 
eighty -four  thousand  dollars:  Therefore  be  it 

"Resolved  by  the  house  of  representatives  {the  senate  concurring),  That  the  governor 
of  the  State  be,  and  he  is  hereby,  requested  to  investigate  the  above  facts,  and  if  he 
finds  them  true  as  stated,  then  to  take  such  steps  as  may  be  necessary  to  collect  the 
claim,  and  have  the  amount  so  collected  placed  in  the  treasury  of  the  State;  be  it 
further 

"Resolved,  That  no  commission  or  sum  of  money  shall  be  paid  by  the  State  other 
than  the  actual  expense  incurred  in  the  preparation  and  presentation  of  the  claim, 
which  shall  not  exceed  the  sum  of  two  thousand  dollars,  and  that  the  said  claim  shall 
be  collected  through  the  adjutant  general's  department  of  this  State  and  the  Texas 
delegation  in  Congress. 

"Approved,  March  17,  1909." 

Under  the  act  of  July  27,  1892,  it  is  required  that  the  soldiers  must  have  served 
at  least  30  days  in  order  to  be  entitled  to  pensions.  Thus  it  will  be  seen  that  some 
of  the  Texas  Rangers  who  served  for  a  shorter  period  of  time  than  30  days  may  not 
be  entitled  to  pension  unless  they  served  in  more  than  one  company,  which  was 
frequently  the  case.  From  the  foregoing  statement,  however,  it  appears  that  all  of 
the  companies  served  over  30  days,  with  exception  of  one. 

As  before  stated,  this  law  simply  extends  the  provision  of  the  original  act  of  July  27, 
1892,  to  the  surviving  Texas  Rangers  and  the  widows  of  Texas  Rangers  who  served 
during  the  years  1855  to  1860,  inclusive.  Under  it  the  Rangers  and  widows  will  receive 
$8  and  $12  per  month,  respectively,  which  are  maximum  pensions  allowed  to  veterans 
and  widows  of  veterans  of  the  Indian  wars.  Under  this  law  the  pensions,  if  granted, 
will  start  from  the  date  of  the  filing  of  the  application.  The  law  is  not  retroactive, 
and  neither  the  Rangers  nor  their  widows  will  receive  back  pensions  from  the  date 
of  the  original  act  of  July  27,  1892.  Congress  has  never  passed  retroactive  pension 
laws,  and  all  statements  appearing  in  the  press  to  the  effect  that  the  Texas  Rangers 
will  receive  back  pay  are  erroneous. 

The  officials  of  the  Pension  Bureau  are  anxious  to  facilitate  and  aid  in  every  way 
they  can  to  secure  prompt  action  upon  all  applications  for  pension,  but  in  order  to 
prevent  fraud  they  have  found  it  necessary  to  adopt  certain  regulations  which  must 
be  conformed  to,  and  all  surviving  Rangers  and  widows  of  Rangers  who  make  applica- 
tion for  pension  under  this  act  must  be  very  careful  when  filling  out  the  applica- 
tion blank  to  make  as  few  mistakes  as  possible  in  dates,  as  such  mistakes  invariably 
entail  delay  and  frequently  result  in  the  rejection  of  the  application.  Especially 
should  widows  be  careful  to  give  the  correct  dates  of  their  marriage  and  death  of 
their  husbands.  When  discrepancies  concerning  dates  are  found  in  an  application 
it  is  sometimes  quite  difficult  for  the  applicant  to  correct  them  to  the  satisfaction  of 
the  officials  of  the  Bureail  of  Pensions. 

On  application  to  the  adjutant  general's  department  the  necessary  blanks  will  be 
furnished  applicants,  whose  attention  is  called  to  the  foregoing  paragraph  of  this 'cir- 
cular giving  instructions  for  the  preparation  of  the  application,  which  can  be  mailed 
to  one  of  the  United  States  Senators  or  Representatives  from  Texas,  who  will  no 
doubt  take  pleasure  in  filing  it  with  the  Commissioner  of  Pensions,  Washington,  D.  C. 

Under  this  law  all  contracts  made  prior  to  its  passage  are  canceled. 

By  order  of  the  governor: 

E.  M.  Phelps, 
Assistant  Adjutant  General. 

Chapter  43. 

AN  ACT  Making  appropriations  for  the  protection  of  the  frontier. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  sum  of  three 
hundred  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  out  of  any  money 
in  the  treasury  not  otherwise  appropriated,  be,  and  the  same  is  hereby,  appropria- 
ated  for  the  pay  and  subsistence  of  the  force  which  has  been  or  may  be  called  into  the 
service  by  the  governor  for  the  protection  of  the  frontier:  Provided,  That  only  so  much 
of  said  appropriation  shall  be  drawn  from  the  treasury  from  time  to  time  as  can  be  so 
drawn  without  leaving  a  deficit  iii  the  amount  required  of  the  current  revenue  from 
time  to  time  to  pay  the  ordinary  current  expenses  of  the  government. 

Sec.  2.  That  in  case  the  governor  shall  find  that  there  is  not  money  enough  in  the 
treasury  to  meet  the  foregoing  appropriation  fully  a^  the  same  may  be  needed  from 
time  to  time,  or  that  the  amount  of  said  appropriation  i.s  not  sufficient  to  carry  out 


CLAIM   OF   THE   STATE   OF   TEXAS.  101 

the  provisions  of  this  act  for  the  protection  of  the  frontier,  then,  in  either  event,  ho 
phail  cause  only  such  payments  to  be  made  in  cash  as  can  not  be  contracted  for  other- 
wise, and  whenever  payments  are  to  he  upon  contracts  or  for  services  under  said  act 
which  are  not  necessary  ca.sh  demands,  s^uch  payments  shall  be  made  pro  rata.  It  is 
provided,  however,  that  the  indebtedness  created  under  this  section  shall  at  no  time 
exceed  the  sum  of  two  hundred  thousand  dollars.  The  comptroller  of  pul>lic  accounts 
shall,  under  the  special  direction  of  the  governor,  audit  and  adjust  all  claims  and 
accounts  created  under  the  provisions  of  this  section  and  certify  such  adjustment 
to  the  party  interested,  and  such  accounts  shall  be  paid  as  may  hereafter  be  provided 
by  law. 

Sec.  3.  That  this  act  shall  take  efiect  from  and  after  its  passage. 

Approved,  February  3, 1860. 

The  State  op  Texas,  Department  op  State. 

I.  C.  C.  McDonald,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
the  attached  and  foregoing  is  a  true  and  correct  copy  of  sections  ] ,  2,  and  3  of  chap- 
ter 43,  acts  of  the  Eighth  Legislature  of  the  State  of  Texas,  entitled  "An  act  i.uking 
appropriations  for  the  protection  of  the  frontier,"  as  the  same  appears  of  record  in 
the  records  of  this  department  in  the  General  Laws  of  Texas,  1859-00,  page  38. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to 
be  impressed  hereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex.,  this 
the  21st  day  of  June,  A.  D.  1911. 

C.  C.  McDonald, 
Secretary  of  Slate. 
Chapter  II. 

AN  ACT  For  the  protection  of  the  frontier. 

Whereas  a  state  of  hostilities  exists  between  the  people  of  the  State  of  Texas  and 
varioua  Indian  tribes  who  inhabit  the  unsettled  portions  of  the  State  and  adjacent 
territory — bands  of  said  Indians  having  at  various  times  within  the  last  three  years 
•  invaded  our  settlements,  murdered  our  people,  and  carried  off  or  destroyed  "their 
property,  so  that  the  frontier  settlements  are  receding  before  the  invaders,  and  our 
frontier  counties  in  danger  of  depopulation;  and 

Whereas  the  Federal  Government,  whose  duty  it  is  primarily  to  protect  the  State 
from  such  hostilities,  has  not  efficiently  afforded  such  protection;  and 

Whereas  we  are  continually  in  such  imminent  danger  of  being  invaded  by  said 
hostile  Indian  tribes  as  will  not  admit  of  delay:  Therefore 

Section  1.  Be  it  enacted  by  the  Legislature  of  tlie  State  of  Texas,  That  the  governor  of 
State  be,  and  he  is  hereby,  authorized  to  raise  and  muster  into  the  service  of  the  State 
a  regiment  of  mounted  men,  if  so  many  be  necessary,  consisting  of  ten  companies,  or 
such  smaller  number  as  he  shall  deem  sufficient  to  afford  efficient  protection  to  the 
entire  frontier;  and  one-half  of  said  force,  at  least,  shall  be  immediately,  upon  their 
organization,  placed  on  the  frontier,  in  such  manner  as  to  act  as  spies  and  minutemen, 
for  the  protection  and  defense  of  the  settlements,  as  the  governor  may  think  proper. 
Each  company  shall  be  composed  of  eighty-three  men,  rank  and  file,  to  be  enlisted  for 
the  term  of  twelve  months,  unless  sooner  discharged;  to  be  reenlisted  for  another  term 
of  twelve  months,  or  others  taken  in  their  place,  at  the  expiration  of  the  first  term  of 
service,  the  officers  of  each  compojiy  to  be  elected  by  the  men  composing  the  same. 

Sec.  2.  For  the  command  of  the  whole  of  said  force  the  members  shall  elect  a  colonel, 
a  lieutenant  colonel,  and  a  major,  and  each  company  shall  have  one  captain,  three 
lieutenants,  four  sergeants,  and  four  corporals,  and  one  siu-geon;  and  there  shall  be 
selected  from  each  company  one  of  the  lieutenants,  to  act  as  quartermaster  and  com- 
missary for  said  company,  with  the  rank  of  second  lieutenant;  and  when  two  or  more 
companies  are  acting  together  said  lieutenants  shall  be  actuig  as  the  commanding 
officers  may  direct,  as  quartermasters,  or  commissaries,  or  adjutants;  and  there  shall 
also  be  appointed,  from  among  the  men,  such  noncommissioned  staff  as  may  be 
necessary. 

Sec.  3.  Said  officers  and  men  shall  provide  themselves  with  arms,  horses,  and  all 
accouterments  and  camp  equipage;  and  shall  be  furnished,  at  the  expense  of  the  State, 
in  provisions,  ammimition,  medicines,  and  forage  for  horses  when  practicable;  and 
shall  receive  for  their  services  the  following  sums:  The  colonel,  one  hundred  and  eighty 
dollars  per  month;  the  lieutenant  colonel,  one  hundred  and  fifty  dollars  per  month; 
the  major,  one  hundred  and  twenty-five  dollars  per  month;  the  captains,  one  hundred 
dollars  per  month;  the  first  lieutenants,  seventy-five  dollars  per  month;  the  second 
lieutenants,  sixty  dollars  ])er  month;  sergeants,  four  dollars  per  month  in  addition  to 
pay  of  privates;  and  corporals,  three  dollars  per  month  in  addition  to  pay  of  privates; 
and  privates  shall  receive  twenty-five  dollars  per  month;  and  commissioned  staff 


102  CLAIM  OF  THE  STATE  OF  TEXAS. 

officers  shall  be  allowed  twenty  dollars  per  month  extra  to  the  pay  of  their  rank  and 
noncommissioned  staff  officers  eight  dollars  per  month  in  addition  to  the  pay  of  privates; 
the  surgeon  shall  be  entitled  to  one  hundred  and  twenty  dollars  per  month,  and  shall 
furnish  his  instruments,  but  be  furnished  with  medicines. 

Sec.  4.  The  said  force  shall  be  employed  in  ranging  and  scouting  the  frontier,  from 
the  most  eligible  point  on  the  Rio  Grande  to  Red  River;  and  their  operations  shall  be 
entirely  under  the  control  of  the  governor,  who  shall  appoint  their  proper  places  of 
rendezvous  and  deposit,  and  direct  all  arrangements  necessary  to  carry  out  the  intention 
of  this  act;  and  said  force  shall  be  subject  to  the  rules  and  regulations  of  the  Army  of 
the  United  States;  and  when  in  the  opinion  of  the  governor  their  further  ser\'ices  are 
not  necessary,  may  be  reduced  or  disbanded,  or  if  provisions  shall  be  made  by  the 
Government  of  the  United  States  to  accept  the  said  force,  in  the  whole  or  in  part,  for 
the  protection  of  the  frontier  of  Texas,  it  shall  be  turned  over  for  that  purpose. 

Sec.  5.  That  this  force  shall  be  raised  in  such  manner  as  the  governor  may  direct 
from  any  portion  of  the  State,  and  when  mustered  into  service  shall  take  such  position 
on  the  frontier  as  they  shall  be  ordered  by  the  governor  and  shall  operate  during  the 
time  they  are  in  the  service  of  the  State  under  the  orders  of  the  governor. 

Sec.  6.  That  this  act  take  effect  from  its  passage. 

Approved,  January  2,  1860. 

The  State  op  Texas,  Department  of  State. 
I,  C.  C.  McDonald,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
the  attached  and  foregoing  is  a  true  and  coiTect  copy  of  sections  1,  2,  3,  4,  5,  and  6 
of  Chapter  II,  acts  of  the  Eighth  Legislature  of  the  State  of  Texas,  entitled  "An  act 
for  the  protection  of  the  frontier,"  as  the  same  appears  of  record  in  the  records  of 
this  department  in  the  General  Laws  of  Texas,  1S59-G0,  pages  13,  14,  and  15. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to  be 
impressed  hereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex.,  this  the 
21st  day  of  June,  A.  D.  1911. 
[seal.]  C.  C.  McDonald, 

Sea'etary  of  State. 
Chapter  82. 

AN  ACT  Authorizing  unpaid  warrants  on  the  treasury  to  bear  interest. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  when  an  account 
shall  hereafter  be  presented  for  any  demand  for  which  an  appropriation  has  been 
made,  it  shall  he  the  duty  of  the  comptroller  to  audit  and  allow  the  claim  if  legal, 
and  to  issue  his  warrant  for  the  amount,  and  if  there  be  no  money  in  the  treasury  to 
pay  the  demand,  then  the  comptroller  shall  issue  his  warrant  upon  the  treasury  for 
the  amount,  with  ten  per  centum  per  annum  interest  from  date,  which  warrant  shall 
be  countersigned  by  the  governor,  and  shall  be  numbered  and  indorsed  by  the 
treasurer. 

Sec  2.  That  it  shall  be  the  duty  of  the  treasurer  on  the  first  day  of  July,  anno 
Domini  eighteen  hundred  and  sixty,  and  every  six  months  thereafter,  to  advertise 
in  three  papers  in  different  parts  of  the  State  for  presentment  of  any  such  warrants 
as  are  mentioned  in  the  first  section  of  this  act,  in  order  of  their  dates  and  numbers, 
and  after  the  expiration  of  sixty  days  from  such  notice  said  warrants  not  presented 
shall  cease  to  draw  interest.  Said  warrants  shall  not  circulate  as  money,  but  may  be 
assigned. 

Sec  3.  That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  February  14,  1860. 

The  State  op  Texas,  Department  op  State. 

I,  C.  C.  McDonald,  secretary  of  state  of  the  State  of  Texas,  do  hereby  certify  that 
the  attached  and  foregoing  is  a  true  and  correct  copy  of  sections  1,  2,  and  3  of  chapter 
82,  acts  of  the  Eighth  Legislature  of  the  State  of  Texas,  entitled  "An  act  authorizing 
unpaid  warrants  on  the  treasury  to  bear  interest,"  as  the  same  appears  of  record  in 
the  records  of  this  department  in  the  General  Laws  of  Texas,  1859-60,  pages  115  and  116. 

In  testimony  whereof  I  have  hereunto  signed  my  name  officially  and  caused  to 
be  impressed  hereon  the  seal  of  State  at  my  office  in  the  city  of  Austin,  Tex.,  this 
the  21st  day  of  June,  A.  D.  1911. 

[seal.]  C.  C.  McDonald, 

Secretary  of  State. 

o 


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